ZONING RESOLUTION
Hickman County, Tennessee
Last Updated: March 2025
HICKMAN COUNTY
QUILDIN
Adopted by the
Hickman County Commission on July 18, 2005
Effective Date: January 15, 2006
The Zoning Resolution of
Hickman County, Tennessee
Table of Amendments
Last Date of Amendment: November 22, 2021
Amends Article VII, Section 7.090(5) -Amendments to the
October 24, 2005
05-42
Resolution
Article III, Section 3.060: Added Standards for
June 19, 2006
06-04
Telecommunications Towers and Antennas
Article III, Section 3.100, Added Guidelines for New
January 29, 2007
07-04
Cemeteries.
Article IV, Section 4.041, Added Item 7.
May 23, 2008
08-19
Amends Article VII, Section 7.030(C)(1) & (2)
Article III, Section 3.040, Customary incidental Home
November 3, 2008
08-56
Occupations, is Deleted and replaced with New Text,
3.040, Customary Incidental Home Occupations.
Article III, Added section 3.120, Development Standards for
March 23, 2009
09-08
Multi-Family Dwellings, Subsections 3.121-123.
Article IV, Subsection 4.046, Flood Plain Zoning Regulations,
June 23, 2009
09-18
is Deleted and Replaced with New Text, 4.050 (now 4.070 -
see Resolution 18-06), Floodplain Zoning Regulations.
Article IV, Section 4.010, Classification of Districts, is Deleted
June 23, 2009
09-19
and Replaced with New Text, 4.010, Establishment of
Districts.
Article III, Added Section 3.110, Standards for Guest
Houses.
Article III, Subsection 4.041, B, Added Subpart 26, Guest
August 25, 2009
09-34
Houses.
Article III, Subsection 4.041, C, Added Subpart 27, Private
Recreational Cabins.
Article VI, 6.020, Add the Definition for Guest House.
March 1, 2012
12-03
Article V, Section 5.020, C, Deleted and Replaced Text "one
(1) year" with New Text "thirty (30) months."
April 23, 2013
12-12
Article V, Section 5.020, D, Deleted and Replaced Text
"twelve (12)" with New Text "thirty (30)".
July 22, 2013
Article IV, Subsection 4.041, B, amended by adding 600
13-26
square feet limit to existing qualifications for private
recreational cabins.
October 28, 2013
13-34
Article IV, Section 4.043, B, Added Subpart 23.
March 28, 2016
Unknown
Amendment of Article V, Section 5.020(C)
July 25, 2016
16-20
Article IV, Section 4.041, C, Added Subpart 13.
Article III, Added Section 3.140, Amended by adding
Special Guidelines for commercial campgrounds, travel
trailer parks, and overnight campgrounds.
Article IV, Section 4.043, Subpart C, Amended by Adding
Item number 4.
Article IV, Section 4.044, Subpart C, Deleted and
replaced Text "No uses are permitted as Special
July 28, 2017
17-02
Exceptions in the I-1, General Industrial District" with New
Text "Indoor gun ranges and indoor live fire shoot
houses."
Article III, Section 3.140, Amended by adding Section.
July 28, 2017
17-03
Article IV, Section 4.043, Delete Single Family Houses.
Article IV, Section 4.013, Subpart A, amended by
changing all references to the A-2 District to read R-1.
Article IV, Section 4.013, Subpart B, Amended by Adding
The C-2 District.
Article IV, Section 4.013, Subpart A, Amended by Adding
The R-2 District.
The following Articles/Article numbers shall be added
February 27, 2018
18-06
and/or changed: The R-2 District shall be added and
numbered as Article 4.043, C-1 shall become Article
4.050, C-2 shall be added and numbered as Article
4.051, I-1 shall become Article 4.060, I-2 shall become
Article 4.061, The Floodplain Zoning shall become
Article 4.070, The "Use Classification System" shall be
added and numbered as Article VI, Section 6.030. All
references shall be amended to reflect these Article
number changes.
Article IV, Section 4.041, Subpart C, Added Item 14.
May 29, 2018
18-20
Article III, Section 3.150, Added Development Standards
for Wild Game Butchering and Processing (Seasonal
Only) in the A-1 District.
Article III, Section 3.030(E) by adding
"The (BZA) will set the conditions under which approval
for such temporary use is granted."
Article III, Section 3.030(H): added to Supplementary
Provisions Applying to Specific Districts subpart H:
April 2, 2021
21-16
Recreational Vehicle and Travel Trailer Units for New
Home Construction.
Article III, Section 3.040(A) & (B): changed signage size to
16 square feet; added "Type Il Home Occupations will
require a special exception permit from the Board of
Zoning Appeals."
Article VI, Section 6.020 (Definitions): added the
November 22, 2021
21-38
following definitions: Micro-Distillery, Brewery, Distillery,
Wine, Winery.
Article IV, Section 4.041(C): added "Micro-Distillery (See
Development Standards 3.160) to Use Permitted as
Special Exception.
Article IV, Section 4.050(B): added #24 Brewery and #25
Micro-Distillery to Uses Permitted.
Article III, Section 3.160: Added Development Standards
for Micro-Distillery.
Article IV, Section 4.060(B): Added #21 Brewery and #24
Micro-Distillery to Uses Permitted.
TABLE OF CONTENTS
ARTICLE I
ENACTMENT
1.010 Authority
1
1.020 Title
1
1.030 Enactment
1
1.040 Purpose
2
ARTICLE II
GENERAL PROVISIONS
2.010 Scope
3
2.020 Only one (1) principal building on a lot
3
2.030 Lot must abut a public street
3
2.040 Reduction in lot area prohibited
4
2.050 Obstruction to vision at street intersection prohibited
4
2.060 Access control
4
2.070 Accessory use regulations
5
2.080 Plot plan requirements
5
2.090 Buffer strips
6
ARTICLE III SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS
3.010 Off-street parking requirements
7
3.020 Temporary use regulations
10
3.030 Customary incidental home occupations
11
3.040 Gasoline service station restrictions
14
3.050 Standards for Telecommunication
Antennas and Towers
14
3.060 Standards for signs, billboards, and other advertising
19
structures
3.070 Development standards for mobile home parks
19
3.080 Development standards for automobile wrecking,
junk, and salvage yards
22
3.090 Regulations for new cemeteries
24
3.100 Standards for Guest Houses
24
3.110 Development standards for multi-family dwellings.
24
3.120 Commercial Campgrounds, travel trailer parks,
and overnight campgrounds.
28
3.130 Indoor Gun Ranges and live fire shoot houses.
29
3.140 Wild Game Butchering and Processing (Seasonal Only) 29
3.150 Development Standards for Micro-Distilleries
29
ARTICLE IV ZONING DISTRICTS
4.010 Establishment of districts
30
4.020 Zoning Atlas
32
4.030 Zoning district boundaries
32
4.040 Specific district regulations
32
4.040.1
A-1, Agriculture-Forestry District
33
4.040.2
R-1, Suburban Residential District
37
4.040.3
R-2, High Density Residential District
39
4.050 C-1 General Commercial District
41
4.050.1
C-2 Commercial District
44
4.060 I-1, General Industrial District
47
4.060.1
I-2, Heavy Industrial District
49
4.070 Floodplain Zoning
54
ARTICLE V EXCEPTIONS AND MODIFICATIONS
5.010 Scope
79
5.020 Nonconforming uses
79
5.030 Exception to height limitations.
80
5.040 Lots of record
80
5.050 Exceptions to setback requirements
81
5.060 (Reserved)
81
5.070 Agricultural use of land
81
ARTICLE VI DEFINITIONS
6.010 Scope
82
6.020 Definitions
82
6.030 Use Classification System
95
ARTICLE VII ADMINISTRATION AND ENFORCEMENT
7.010 Administration of the resolution
111
7.020 The enforcement officer
111
7.030 Zoning Compliance Permits (Building permits)
112
7.040 Temporary use permits
114
7.050 Inspections of compliance
114
7.060 Procedure for authorizing special exceptions
114
7.070 County board of zoning appeals
116
7.080 Variances
117
7.090 Amendments
118
7.100 Penalties
119
7.110 Remedies
119
7.120 Separability
119
7.130 Interpretation
120
7.140 Effective date
120
APPENDIX A Airport Zoning - Resolution No. 06-36
121
ARTICLE I
ENACTMENT
SECTION
1.010
Authority
1.020
Title
1.030
Enactment
1.040
Purpose
1.010. Authority. This Resolution is adopted pursuant to authority of Sections 13-
7-101 through 13-7-115, Tennessee Code Annotated, to regulate, in the portions
of Hickman County, Tennessee, which lie outside of the Centerville Municipal
Corporation, the location, height, bulk, number of stories and size of buildings and
other structures, the percentage of the lot which may be occupied, the sizes of yards,
courts and other open spaces, the density and distribution of population, and the uses
of buildings, structures and land for trade, industry, residence, recreation,
agricultural, forestry, soil and water conservation, public activities and other
purposes including areas subject to flooding; to provide for the orderly and
reasonable uses of solar energy in the interest of public health, safety and general
welfare; to provide methods of administration of this Resolution, and to prescribe
penalties for the violation thereof.
1.020. Title. This Resolution shall be known as The Zoning Resolution of Hickman
County, Tennessee, dated July 18, 2005. The zoning map shall be referred to as the
Official Zoning Atlas of Hickman County, Tennessee. All explanatory matter thereon is
hereby adopted and made a part of this Resolution.
1.030. Enactment.
WHEREAS, Section 13-7-101 through 13-7-115 and 13-7-401 of the
Tennessee Code Annotated empowers the County to enact a zoning Resolution
and to provide for its administration, enforcement, and amendment, and
WHEREAS, the County Commission deems it necessary, for the purpose of
promoting the public health, safety, morals, convenience, order, prosperity and
general welfare of the County to enact such a Resolution, and
WHEREAS, all the requirements of Section 13-7-101 through 13-7-115 of the
Tennessee Code Annotated with regard to the preparation of the zoning plan by
the planning commission and subsequent action of the County Commission have
been met;
Now, THEREFORE, BE IT ORDAINED BY THE HICKMAN COUNTY COMMISSION THAT THE
ZONING RESOLUTION OF HICKMAN COUNTY, TENNESSEE, BE ENACTED INTO LAW.
1.040. Purpose. The purpose of this Resolution is to promote the public health,
safety, morals, convenience, order, prosperity, and general welfare by:
A.
Enhancing the character and stability of residential, business, commercial,
and industrial areas, and promoting the orderly and beneficial development
of such areas;
B.
Preventing overcrowding of land;
C.
Conserving the value of land and buildings;
D.
Minimizing traffic hazards and congestion;
E.
Preventing undue concentration of population;
F.
Providing for adequate light, air, privacy, and sanitation;
G.
Reducing hazards from fire, flood, and other dangers;
H.
Assisting in the economic provision, utilization, and expansion of all services
provided by the public, including but not limited to roads, water and sewer
service, recreation, schools, and emergency services;
I.
Encouraging the most appropriate uses of land;
J.
Enhancing the natural, man-made and historical amenities of Hickman
County.
ARTICLE II
GENERAL PROVISIONS
SECTION
2.010 Scope
2.020 Only one (1) principal building on any residential lot
2.030 Lot must abut a public street
2.040 Reduction in lot area prohibited
2.050 Obstruction to vision at street intersection prohibited
2.060 Access control
2.070 Accessory use regulations
2.080 Plot plan requirements
2.090 Buffer strips
2.010. Scope. For the purpose of the enforcement of this Zoning Resolution, there
shall be certain general provisions which shall apply, except as specifically noted,
to all zoning districts. THIS RESOLUTION SHALL NOT BE CONSTRUED AS LIMITING,
AFFECTING, OR CONTROLLING THE AGRICULTURAL USES OF LAND.
REFER TO ARTICLE V, EXCEPTIONS AND MODIFICATIONS, SECTION 5.070.
2.020. Only One (1) Principal Building on Any Residential Lot.
A. Only one (1) principal building and its customary accessory buildings may
hereafter be erected on any residential lot. This section should not be
construed to prohibit multifamily dwellings or mobile home parks where they
are legally allowed.
B. On lots used for agricultural purposes which exceed fifteen (15) acres up to
two (2) additional dwelling units may be located, for members of the
immediate family of the owner thereof, or for persons employed full-time
thereon and their families. The site of each dwelling unit shall meet all
minimum lot and yard requirements of the district such that the site can be
subdivided from the remaining acreage if necessary.
2.030 Lot Must Abut a Public Street. No building shall be erected on a lot which
does not abut at least one (1) publicly approved and accepted street (or access
easement) for a distance of at least twenty-five (25) feet. Properties may have access
provided by a private easement provided, however, that when such permanent
easement to a public street is used as access to a lot(s) or tract(s) of land having
been or being separated by deed or plat from other property, such easement shall
be at least fifty (50) feet in width from and after the time of adoption of this Zoning
Resolution and shall not be used to provide access to more than five (5) lots or tracts
of land. All lots must be a minimum of 5 acres each to be created on such easement.
The following certification shall be required before two or more lots are created on
an easement:
PRIVATE DRIVEWAY CERTIFICATION: This drive is to be built and
maintained jointly by all owners taking access from this private driveway and
is not intended to become a public road. The Hickman County Highway
Commission may, at their discretion, agree to accept this road into the
County Highway System if all property owners agree to (1) petition the
Highway Commission for a public road and (2) build or pay for upgrading to
County specifications in effect at the time of the request.
Signature and Date of County Road Supervisor required.
Any owner(s) of lots currently taking access from this private driveway must
sign, thereby acknowledging awareness of the above maintenance
statement and awareness that access via this private driveway is limited to
five (5) lots with a minimum of five (5) acres each.
Owner(s) signature, map/parcel, book/page number and date
required.
This section shall not be construed to prohibit the development of buildings on
lots or tracts of land with permanent access provided by private drives provided
such development is in the form of condominium ownership and such private
improvements have been approved by the planning commission and will be in
private ownership and control in perpetuity.
2.040. Reduction in lot area prohibited. No lot, even though it may consist of
one or more adjacent lots of record, shall be reduced in area so that yards, lot area
per family, lot width, building area, or other requirements are not maintained. This
section shall not apply when a portion of a lot is acquired for a public purpose.
2.050. Obstruction to Vision at Street Intersection Prohibited. On a corner lot
in any district, within the area formed by the center line of intersecting streets and
a line joining points on such center lines at a distance of seventy-five (75) feet from
their intersection, nothing shall be erected, placed, planted, or allowed to be
grown in such a manner as materially to impede vision between a height of two
and one-half (2 1/2) and ten (10) feet above the center line grades of the
intersecting streets. This section shall not prohibit any necessary retaining walls.
2.060. Access Control.
A. In order to promote the safety of motorists and pedestrians and to minimize
traffic congestion and conflicts by reducing points of contact:
1. A point of access for vehicles onto a street shall not exceed forty (40) feet
in width. All points of access shall be so constructed as to provide for
proper drainage.
2. There shall be no more than two (2) points of access to any one public
street for each four hundred (400) feet of lot frontage, or fraction thereof;
provided, however, that lots less than one hundred (100) feet in width shall
have no more than one point of access to any one public street.
3. No point of access shall be allowed within twenty (20) feet of the right-of-
way line of a public intersection.
4. No curbs, or shoulders on county roads or rights-of-way shall be cut or
altered without approval of the Road Superintendent, or if a state highway
by a permit from the Tennessee Department of Transportation.
5. The clear distance between any two driveways fronting on a street shall
not be less than twenty-five (25) feet.
6. Cases requiring variances relative to the above provisions due to
topographic limitations shall be heard and acted upon by the Board of
Zoning Appeals.
7. No curb cuts for off-street automobile storage or parking space shall be
permitted where the arrangement would require that vehicles back
directly into a public street.
2.070. Accessory use regulations. The use of land, buildings, and other structures
permitted in each of the districts are designed by listing the principal uses. In
addition to such principal uses, accessory uses which are customarily incidental to
the permitted principal uses are also permitted in each district. Each accessory use
shall:
A.
Be customarily incidental to the principal use established on the same lot.
B.
Be subordinate to and serve such principal use.
C. Be subordinate in area, intent, and purpose to such principal use.
D. Contribute to the comfort, convenience, or necessity of users of such principal use.
2.080. Plot Plan Requirements.
A.
Proposals (plans) for the construction or location of one (1) or more
principal structures on a lot (with the exception of single-family and two-
family dwellings) shall be submitted no later than fifteen (15) days prior
to the next regularly scheduled planning commission meeting, at a scale
no smaller than 1"=100', showing contours at five (5) foot intervals, and
exhibiting required automobile storage areas, servicing utilities with
reference to their location, availability and compatibility, loading and
unloading spaces, maneuvering areas, openings for ingress and egress
to public streets, drainage plans, density of development or required
open space, number of stories (all residential and commercial structures of
three (3) or more stories in height must have the plans approved by the
State Fire Marshall's Office), the number of dwelling units per acre, if
applicable, required building setbacks and other yard requirements, any
relationship of the proposal to scale to other adjoining development, land
uses and streets.
"Sealed Plans" shall not be required for structures classified as business,
factory- industrial, hazardous, mercantile, residential, and storage if such
structures meet the following criteria.
1. Less than 3 stories in height.
2. Less than 5,000 sq. ft. in total gross area.
3. Is a one- or two-family dwelling or domestic outbuilding.
4. Farm building not designed or intended for human habitation.
Where otherwise required "Sealed Plans" shall be prepared by a registered
architect or engineer.
B.
Proposals for mobile home parks shall comply with separate provisions.
See ARTICLE III, SECTION 3.110
C.
Applications must be supported by any other information or data as
deemed necessary by the planning commission.
2.090. Buffer strips. Where a use is developed in areas zoned C-1, I-1, or I-2 and
which abut at any point upon property zoned A-1, and R-1, the developer shall
provide a buffer strip as defined herein at the point of abutment.
ARTICLE III
SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS
SECTION
3.010
Off-street parking requirements
3.020
Temporary use regulations
3.040
Customary incidental home occupations (Deleted and Replaced by
Resolution 08-56, November 3, 2008)
3.050
Gasoline service station restrictions
3.060
Standards for Telecommunication Antennas and Towers (Added by Resolution
#06-40, June 19, 2006)
3.070
Standards for signs, billboards, and other advertising structures
3.080
Development standards for mobile home parks
3.090
Development standards for automobile wrecking, junk, and salvage yards
3.100
Guidelines for new cemeteries (Added by Resolution # 07-04)
3.110
Standards for Guest Houses (Added by Resolution 09-34, August 25,
2009)
3.120
Development standards for multi-family dwellings (Added by Resolution
09-08, March 23, 2009)
3.130
Special Guidelines for commercial campgrounds, travel trailer parks, and
overnight campgrounds. (Added by Resolution 16-20, July 25,
2016)
3.140
Development standards for gun ranges and live fire shoot houses within C-1
(General Commercial) and I-1 (General Industrial) zoning districts.
(Added by Resolution 17-02, July 28, 2017)
3.150
Development standards for wild game butchering and processing (Seasonal
Only) in A-1 (Agricultural Forestry) zoning district. (Added by
Resolution 18-20, May 29, 2018)
3.160
Development Standards for Micro-Distilleries
3.010 Off-street Parking Requirements. Off-street automobile storage or
standing space shall be provided on each lot upon which any of the following uses
are hereafter established. One (1) vehicle space shall be two hundred (200) square
feet in size (10 feet X 20 feet) and such space shall be provided with vehicular access
to a road, street or alley. The number of parking spaces provided shall meet the
minimum requirements for the specific uses as set forth below:
A. Single Detached Dwelling and Duplex: Not less than two (2) spaces for each
dwelling unit.
B. Apartment Dwelling: Not less than two (2) spaces per dwelling unit.
C. Boarding Houses and Rooming Houses: Not less than one (1) space for each (1)
room to be rented.
D. Mobile Home Parks: Not less than two (2) spaces for each mobile home space.
E. Other Dwelling Units: Not less than two (2) spaces per dwelling unit.
F. Hotels, Motels and Other Tourist Accommodations: Not less than one and one
half (1 1/2) spaces for each room to be rented plus one (1) additional space
for each three (3) employees.
G. Auditoriums, Churches, Stadiums, or Other Places of Public Assembly: Not less
than one (1) space for each five (5) seats provided in such places of assembly.
For places of public assembly where seating is not a measure of capacity, such
as clubhouses, funeral parlors, etc., at least one (1) space for each two hundred
(200) square feet of floor space devoted to that particular use shall be
provided.
H. Manufacturing, Industrial or Wholesaling Use: Not less than one (1) space for
each five (5) employees anticipated during maximum production, with a
minimum of five (5) spaces provided for any establishment. For
establishments maintaining space for the sale of products at retail, there shall
be provided one (1) parking space for each five hundred (500) square feet of
floor area devoted to retail sales.
I. Office and Professional Buildings: Not less than one (1) parking space for each
three hundred (300) square feet of office space, plus one (1) parking space for
every three (3) employees.
J. Retail Sales and Service Establishments: Not less than one (1) parking space
for each two hundred and fifty (250) square feet, or fraction thereof, of sales
space.
K. Shopping Centers (more than 3 stores): 5.5 parking spaces per 1,000 square
feet of gross leasable floor area.
L. Medical or Dental Clinics: Not less than four (4) spaces per doctor, plus one
(1) additional space for each two (2) employees.
M. Roadside Service Facilities (Service Stations, Repair Shops, or Similar Uses):
Not less than five (5) spaces for grease rack or service bay, or one (1) space for
each 1,400 square feet of lot area or fraction thereof, whichever is greater.
N. Restaurants: Not less than one (1) space per one hundred fifty (150) square
feet of floor area, plus one (1) space for each two employees. For drive-in
restaurants, one (1) space per one hundred (100) square feet of floor area.
O. Other: For buildings and uses not listed, the off-street parking requirements
shall be determined by the Planning Commission.
3.010.2 Certification of Minimum Parking Requirement. Each application for a
building permit shall include information as to the location and dimensions of off-
street parking spaces and the means of ingress and egress to such space. This
information shall be in sufficient detail to enable the Building Commissioner to
determine whether or not the requirements of this article are met.
3.010.3 Remote Parking Space. If the required off-street parking spaces cannot
be reasonably provided on the same lot on which the principal use is located, such
spaces may be provided on any land within two hundred (200) feet of the main
entrance to such principal use; provided such land is in the same ownership or
lease hold interest as the principal use. Such land shall be used for no other
purpose so long as no other adequate provisions of parking space, meeting the
requirements of this resolution, has been made for the principal use.
3.010.4 Requirements for Design of Parking Lots.
A.
Except for parcels of land devoted to one-and two-family residential uses, all
areas devoted to off-street parking shall be so designed and be of such size
that no vehicle is required to back onto a public street to obtain egress.
B.
Each parking space shall be no less than two hundred (200) square feet in
area
C.
Entrances and exits for all off-street parking lots shall comply with the
requirements of Section 2.060 of this resolution.
D. The parking lot shall be designed in such a manner as to provide adequate
drainage and to eliminate the possibility of stagnant pools of water.
3.010.5 Off-street Loading and Unloading Requirements. Every building or
structure hereafter constructed and used for industry, business, or trade involving
the receiving or distribution of vehicles, materials, or merchandise shall provide
space for the loading and unloading of vehicles off the street or public alley. Such
space shall have access to a public or private alley, or if there is no alley, to a public
street. The minimum required spaces for this provision shall be based on the total
usable floor area of each principal building according to the following table; the
Planning Commission may reduce or increase this requirement in the interest of
safety where unusual or special conditions are due consideration.
Total Usable Floor Area
Spaces Required
for Principal Building
(See Chapter 6 for Definition)
0 to 4,999 sq. ft.
One (1) space
5,000 to 9,999 sq. ft.
Two (2) spaces
10,000 to 14,999 sq. ft.
Three (3) spaces
15,000 to 19,999 sq. ft.
Four (4) spaces
Over 20,000 sq. ft.
Four (4) spaces, plus one (1)
space for each additional
20,000 sq. ft.
3.020 Temporary use regulations. Where necessary to govern operation of
necessary or seasonal uses of a nonpermanent in nature, application for a
Temporary Use Permit shall be made to the Building Commissioner. Applications
shall contain graphic description of the property to be utilized and a site plan, a
description of the proposed use, and sufficient information to determine yard
requirements, setbacks, sanitary facilities, and parking space for the proposed
temporary use. The following uses are deemed to be temporary uses:
A.
Carnivals or Circuses: In the A-1, C-1, I-1 and I-2 Districts; however, such
permit shall be issued for a period of no longer than fifteen (15) days. Such
use shall only be permitted on lots where adequate off-street parking can
be provided.
B.
Christmas Tree Sales: Maximum of 30-day Temporary Use Permits for
display and sale of Christmas trees on open lots in any district.
C.
Temporary Buildings: In any district for contractor's temporary offices and
equipment sheds incidental to a construction project, but not for more than
one (1) year unless special renewals are granted for six-month extensions;
provided, however, not more than three (3) extensions for a particular use
shall be granted. Such uses shall cease immediately upon completion of
the construction project or upon expiration of the Temporary Use Permit,
whichever occurs sooner.
D.
Religious Tent Meetings: In any district, except the I-1 and I-2 Industrial
Districts, for tents or other temporary structures to house a religious
meeting for not more than a 30-days period. One 30-day extension may
be granted upon request for a renewal. Such activities shall be permitted
only on lots where adequate off-street parking can be provided.
E.
Temporary Dwelling Units in Cases of Special Hardship: In any residential
district, to place a mobile home (double-wide excluded) temporarily on a
lot in which the principal structure is destroyed by fire, explosion or natural
phenomena. The purpose shall be to provide shelter only for the residents
of the principal structure during a period of reconstruction and to prevent
an exceptional hardship. Placement of such a temporary structure must not
represent a hazard to the safety, health, or welfare of the community. An
applicant under this temporary use must produce a written statement from
the Health Department and/or the servicing Utilities Systems, if any,
approving the water supply and sewage disposal systems of the temporary
structure. Such a permit may be initially issued for up to nine (9) months
and may be renewed for up to six (6) months at a time, but the total time
for all permits hereunder shall not exceed a total of thirty-six (36) months.
No fee shall be required.
F.
Sale of Fireworks: In A-1, C-1, I-1, I-2 Districts; however, such permits shall
not be issued for periods longer than thirty (30) days. Such will be
permitted only where there is adequate off-street parking provided to the
sales site and the applicant shall have obtained the proper permits from
the State of Tennessee and the temporary use site has been inspected by
the Building Commissioner and the local fire chief. Applicants must comply
with all aspects of State Fire Regulations as shall pertain to the sale of
fireworks.
G.
Temporary Retail Sales, Festivals, Bazaars, and other Special Events. These
special activities shall conform to all county regulations, will not result in
undue adverse traffic congestion and unsafe conditions regarding public
roads, will not create a threat to safety of persons or property due to fire,
explosion, etc., will not create unhealthy conditions regarding water
supply, sewage disposal or solid waste, and will not interfere with use of
neighboring property from its customary use by creating noise, dust,
noxious odors, lighting, etc. These uses are allowed in any district except
the R-1, Rural Residential District. Such permit may be issued for a period
no longer than ten (10) days and no more than eight (8) times per year. If
required, the local health department shall approve sanitary facilities.
Noise levels shall not exceed seventy (70) decibels at the site boundary.
3.030 Customary Incidental Home Occupations. (DELETED AND REPLACED BY
RESOLUTION 08-56, NOVEMBER 3, 2008)
A.
Type I Home Occupations
Type I, Home Occupations is a gainful occupation or profession (including
the professional office of an architect, artist, dentist, engineer, lawyer,
physician and the like, barber, beauty and tailor shops, or the
accommodation of not more than two (2) boarders) conducted by
members of the family residing on the premises or only one person in
addition to those persons residing therein and conducted entirely within
the principal dwelling unit. In connection with a home occupation, no stock
in trade shall be displayed outside the dwelling, and no alteration to any
building shall indicate from the exterior that the building is being utilized in
whole or in part for any purpose other than a residential unit, including
permitted accessory buildings. An announcement sign of not more than
four (4) square feet in area is permitted. When questions arise regarding the
legality of specific home occupations, the Board of Zoning Appeals shall
determine whether said home occupation is in compliance with the district in
which said home occupation is located. However, activities incompatible with
the district of a potential nuisance to the surrounding area shall not constitute
an acceptable home occupation. Type I Home Occupations will require a
special exception permit from the Board of Zoning Appeals.
B.
Type II, Home Occupations
The Purpose of the Type II, Home Occupations section of this resolution is
to provide the opportunity for the use of the home for limited business
purposes. These criteria are designed to maintain the character of the
surrounding residential or agricultural area, to minimize any conflicts of the
home occupational use with the surrounding residential use, and to
maintain and protect property values. A Type II, Home Occupation means
an accessory use of a dwelling unit or an accessory building for gainful
occupation or profession conducted by members of a family residing on
the premises. A Type II, Home Occupation must be clearly incidental to the
primary use of the dwelling as a residence. An announcement sign of not
more than four (4) square feet in area is permitted. No nuisance effects
(noise, vibration, odor, discharge of materials, fluids, gasses, excessive
lighting, glare, fumes, electrical interference or any similar activity shall
emanate from the conduct of the home occupation which would adversely
affect the health, safety, or tranquility of the surrounding neighborhood.
This includes delivery or storage of trucks greater than eleven thousand
(11,000) pounds gross vehicle weight.
*Note: The type II, Home Occupations will be allowed as a special
exception in the A-1 District only.
To be classified as a home occupation under this category, the following
criteria must be met:
1. No more than one (1) employee may work at the site of the business
other than family members who reside in the dwelling. In no case shall
the home occupation have more than three (3) employees working at
the site.
2.
No alteration to the dwelling shall indicate from the exterior that the
building is being utilized for any purpose other than as a residential
unit.
3. The Type II, Home Occupation may be conducted in an accessory
structure located on the same property as the owner's principal
dwelling. This accessory structure shall be no larger than twenty-four
hundred (2,400) square feet. A subordinate accessory structure may
be located in the rear only. Any Type II, Home Occupation that utilized
an accessory building shall have minimum lot size of five (5) acres.
Accessory buildings shall be setback seventy-five (75) feet from
adjacent residential or agricultural lots and at least one hundred-fifty
(150) feet from an existing adjacent residence.
4. Accessory buildings used for home occupations shall be suitably
screened from view from the road and adjacent residential and
agricultural lots. This may by a decorative fence or year-round
vegetation or a combination of both.
5. No outdoor storage and/or display of merchandise shall be
permitted. However, auto/light truck, marine, motorcycle, and farm
equipment repair home occupations may build a fully screened (360
degrees) storage area for equipment awaiting repair. This area may
be no larger than the size of the accessory building used for the home
occupation. This area shall not be used for vehicles used for parts or
other salvage equipment.
6. Retail sales shall be prohibited except for retail sales of products,
goods, or services produced on the premises as a result of the home
occupation.
7. All parking (loading/unloading) associated with the conduct of the
home occupation shall be off-road. Ample area shall be provided on
the site for these activities.
8. A general sketch plat (layout) of the applicant's property showing the
location of the dwelling, driveway, parking area, accessory buildings,
landscaping, etc., shall be submitted with the application.
When questions arise regarding the legality of specific home
occupation, or if a previously permitted Home Occupation creates a
potential nuisance or problems to the surrounding area, the Board of
Zoning Appeals shall determine whether said Home Occupation meets
the conditions set forth in this section.
Uses permitted as special exceptions for Type II, Home Occupations:
Appliance Repair, of items intended for normal household use including:
Heat/Air Conditioner Systems, Electronics, Washers and Dryers, etc.
Auto and Light Truck Repair
Beauty/Barber Shops
Ceramics, Pottery, Sculpture, Art, Crafts Construction related services
including, Cabinet Making/Woodworking, general Building
contractors, Masonry, Stonework, Tile Setting, Tile Setting, Plastering,
Painting, Paper Hanging, Plumbing, Electrical Contractors, and other
similar construction related professions not requiring outdoor storage
or vehicles greater than 11,000 pounds gross vehicle weight
Farm Equipment Repair
Lawn Mower Repair
Marine and Watercraft Repair (but not storage for a fee)
Motorcycle Repair
Offices Used for Professionals, including Accounting/Bookkeeping.
Law, Real Estate, Architects, and Engineers
Small Engine Repair
Tailor Shops
Textiles
Upholstery Shops
Welding Shops
Other uses may be allowed that are similar to the above specified
uses, in the opinion of the Board of Zoning Appeals.
3.040. Gasoline Service Station Restrictions. The following shall apply to
gasoline services stations:
A. There shall be a building setback from all street right-of-way lines of a
distance of not less than forty (40) feet, except for canopies designed to
cover the gasoline pump islands.
B. Gasoline pumps shall not be located closer than fifteen (15) feet to any right-
of- way line.
C. Sign requirements shall be as established in Article 3, Section 3.070, shall be
met.
3.050. Standards for Telecommunication Antennas and Towers. The
purpose of Section3.050 is to establish general guidelines for the sitting of towers
and antennas. The goals are to: (Added by Resolution #06-04, June 19, 2006)
1. Encourage the location of towers in nonresidential areas and minimize the
total number of towers throughout the County.
2. Strongly encourage the joint use of new and existing tower sites.
3. Encourage users of the towers and antennas to locate them where the adverse
impact on the community is minimal.
4. Encourage users of antennas to configure them in a way that minimizes e
adverse visual impact on the surrounding area.
5. To enhance the ability of the providers of telecommunications services to
provide such services to the community quickly, effectively and efficiently.
6. The provisions of this Section are applicable to all telecommunication antennas and
towers located anywhere Hickman County, except those located within the Town of
Centerville.
A. General
1. District Height Limitations - The requirements set forth in this resolution
shall govern the location of towers that exceed, and antennas that are
installed at a height in excess of, the height limitations specified for each
zoning district. The height limitations applicable to buildings and structures
shall not apply to towers and antennas.
2. Public Property - Antennas or towers locate on property owned, leased, or
otherwise controlled by the governing authority shall be exempt from the
requirements of this Resolution, provided a license or lease authorizing
such antennas has been approved by the authority.
3. Amateur Radio - This resolution shall not govern any tower or the installation
of any antenna, that is under seventy (70) feet in height and is owned and
operated by a federally licensed amateur radio station operator.
4. Pre-Existing Towers and Antennas - Any tower or antenna which is in
existence prior to the effective date of this resolution shall not be required
to meet the requirements of this resolution.
B. Requirements
1. Towers shall be located where there will be no interference with any type of
electronic reception in nearby residential areas.
2. There shall be sufficient radius of unimproved land around the tower to
ensure any collapse will be contained within that unoccupied area.
3. Lot area used for the tower site shall be sufficient to meet required setbacks
and collapse radii.
4. There shall be sufficient room for maintenance vehicles to maneuver on the
property.
5. Site area shall be entirely enclosed by a chain link fence of not less than eight
(8) feet in height with a self-latching gate. Gate shall be padlocked at all times
when there is no one at the site.
6. Grounds immediately surrounding tower site and ground inside the fenced
area shall be maintained at all times. Site is to be maintained in compliance
with the Hickman County Zoning Laws.
7. At a tower site, the design of the buildings and related structures shall
consist of prefabricated shelters and/or outdoor cabinets housing radio
equipment. Generators are subject to standard code separations and shall
meet "quite" operation specifications.
8. On-site buildings shall be used for storage necessary supplies and
equipment only.
9. Towers shall maintain a galvanized steel finish, or, subject to any applicable
standards of the FAA, be painted a neutral color, so as to reduce visual
obtrusiveness.
10. Road or easement to the tower site shall be at least fifty feet (50) wide and
be maintained by the owner of the tower or the owners of the property.
This easement shall be a private road which is used for access to the tower
and will never become a County road and will not be maintained by the
Hickman County Highway Department.
11. Tower owners are required to obtain a building permit from the Office of
Planning and Zoning, 114 N. Central Ave, Ste. 101, Centerville, Tennessee,
after approval from Hickman County Planning Commission.
12. All inspections are to be called for by the owner and/or their contractor. All
inspections are to be approved before any tower or antenna can be used.
When seeking approval from the Planning Commission, each tower
company and/or carrier shall submit a listing of its existing towers or
antennas in Hickman County.
13. Lighting of towers is prohibited, except as required by the Federal Aviation
Administration (FAA) and/or the Federal Communications Commission
(FCC).
14. All towers must meet or exceed current standards and regulations of the
FFA, the FC C, and any other agent of the federal government with the
authority to regulate towers and antennas. If such government regulations
are changed, the owner of a tower and antenna governed by this Resolution
shall bring them into compliance with such revised standards and regulations
within six (6) months of the effective date of such standards and regulations,
unless a more stringent compliance scheduled is mandated by the
controlling Federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owners' expense.
15. If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color
that is identical to, or closely compatible with, the color of the supporting
structure so as to make the antenna and related equipment as unobtrusive
as possible.
16. When a public or private airport, heliport or landing strip is located within one-
half (1/2) mile of any proposed tower site each tower company and/or
carrier shall submit an application to the Board of Zoning Appeals for a
Special Exception. This application shall include information on the
location, height and design of each tower and type of aircraft facility.
17. Written evidence that the applicants have explored and exhausted all
attempts to locate or collation its' antenna on an existing tower or structure
within one- half (1/2) mile of the proposed site shall be submitted to the Office
of Planning and Zoning. New towers may be permitted if the applicant
demonstrates to the Board of Zoning Appeals that no existing tower or
structure can accommodate the applicant's proposed antenna, because of
the following conditions:
A. No existing towers or structures are located within the geographic area
meeting the applicant's engineering requirements.
B. Existing towers or structures are not of sufficient height to meet the
applicant's engineering requirements.
C. Existing towers or structures are not of sufficient structural strength to
support the applicant's proposed antenna and related equipment.
D. The applicant's proposed antenna would cause radio frequency
interference with the antenna(s) on the existing tower.
E. Any claim by the applicant that fees, costs, or contractual provisions
required by the owner of the existing tower or structure or to adapt an
existing tower or structure for sharing, are unreasonable.
18. Any antenna or tower not operated for a continuous period of twelve (12)
months shall be considered abandoned and the owner of such antenna or
tower shall remove it within ninety (90) days of receipt of notice from the
building inspector. If said towers not removed with the ninety (90) day
period, penalties and costs shall be imposed by the Planning
Commission and permission operate the antenna or tower will be
rescinded.
19. A permit for tower construction shall be valid for a period not to exceed
twelve (12) months. If tower construction has not been started with
twelve (12) months, approval shall expire, and the applicant will be
required to reapply.
C. A building permit shall be required before any construction of a tower or
antenna shall begin. The Hickman County Board of Commissioners will from
time to time set permit fees and may set an annual inspection and/or license fee
for each tower and antenna(s).
D. Plat Requirements
1. A plat of the purposed tower site shall be submitted to the Hickman County
Planning Commission. The plat shall include, but not be limited to, the
following information:
A. Name, address, telephone number, and contact person of the purposed
user.
B. Name, address, telephone number, and contact person preparing he
construction drawings.
C. Name address, and telephone number of the property owner.
D. Name, address, and telephone number of the contractor who will be
constructing the tower.
E. Legal description of the proposed property to be used for the tower site.
F. Describe where the proposed tower will be located in the County.
G. Access to the proposed site and description.
H. Type of tower proposed, tower height, and affected area if the tower
collapses.
I. Surrounding property owners' names and all buildings on proposed
site.
J. Show any public utilities and public utility easements.
K. Sale of the plat.
L. Existing public roads and rights-of-way, including private roads.
M. Excavation, grading, concrete and structural steel notes, if any.
N. Staking, erosion and sediment control plans, if applicable.
O. Radio frequency coverage.
P. Setbacks.
Q. Required fall zone shall be shown.
R. Plat shall remain on file in the Office of Planning and Zoning.
S. Any additional information deemed by the governing authority to be
necessary to ensure compliance with this Resolution.
E. Uses Permitted
1.
Installing an antenna on an existing structure other than a tower (such as
a building, sign, light pole, water tower or other free-standing
nonresidential structure) that is fifty (50) feet in height or greater, so long
as said additional antenna adds no more than twenty (20) feet to the
height of said existing structure.
2.
Installing an antenna on any existing tower of any height, so long as the
addition of said antenna adds no more than twenty (20) feet to the height
of said existing tower.
F. Other
1.
No new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the governing authority that no existing
tower or structure can accommodate the applicant's proposed antenna.
Evidence submitted to demonstrate that no existing tower or structure can
accommodate the applicant's proposed antenna may consist of any of the
following:
A. No existing towers or structures are located within the geographic area
required that meet the applicant's engineering requirement.
B. Existing towers or structures are not of sufficient structural strength to
support applicant's proposed antenna and related equipment.
C. Existing towers or structures do not have sufficient height to meet
applicant's engineering requirements.
D. The applicant's proposed antenna would cause radio frequency
interference with the existing towers, structures, or other antennas.
E. The fees, costs, or contractual provisions required by the owner in order
to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Cost exceeding new tower
development is presumed to be unreasonable.
F. The applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
G. Setbacks and Separation
1.
The following setbacks and separation requirements shall apply to all
towers and antennas for which a special use permit is required; provided
however, that the governing authority may reduce the standard setbacks
and separation requirements, if the goals of this resolution would be
better several by doing so.
A. Tower guy and accessory facilities must satisfy the minimum zoning
district setback requirements.
B. In zoning districts, other than industrial zoning districts, towers over
ninety (90) feet in height shall not be located within one-fourth (1/4) of
a mile from any existing tower that is over ninety (90) feet in height.
3.060. Standards for signs, billboards, and other advertising structures.
Permits may be required by the Tennessee Department of Transportation and as
specified in the "Rules and Regulations for the Control of Outdoor Advertising", a
State of Tennessee Publication.
3.070. Development Standards for Mobile Home Parks. The following land
development standards shall apply for all mobile home parks:
A. The mobile home park shall be located on a well-drained site, properly
graded to ensure rapid drainage and to avoid the possibility of stagnant pools
of water.
B. Dimensional Requirements for Parks
1. Each mobile home park shall have a front yard of thirty (30) feet exclusive of
any required yards for each mobile home space, extending for the full width
of the parcel devoted to said use.
2. Each mobile home park shall provide rear and side yards of not less than
fifteen (15) feet, exclusive of any required yards for each mobile home space,
from the parcel boundary.
3. In instances where a side or rear yard abuts a public street, said yard shall
not be less than thirty (30) feet.
4. No building or structure erected or stationed in a mobile home park shall
have a height greater than two (2) stories or thirty (30) feet.
5. Each mobile home park shall be permitted to display, on each street
frontage, one (1) identifying sign of a maximum size of twenty (20) square
feet. Said sign(s) shall contain thereon only the name and address of a park
and may be lighted by indirect lighting only.
C. Dimensional Requirements for Mobile Home Spaces. Each mobile home space
shall be of sufficient size that, in addition to the mobile home, the following
space shall be provided:
1. Each mobile home space shall be at least thirty-six (36) feet wide and such
space shall be clearly defined by permanent markers.
2. There shall be a front yard setback of ten (10) feet from all access roads
within the mobile home park.
3. Mobile homes shall be harbored on each space so there shall be at least a
twenty (20) foot clearance between mobile homes; provided, however,
with respect to mobile homes parked end-to-end, the end-to-end
clearance shall not be less than fifteen (15) feet. No mobile home shall
be located closer than twenty (20) feet from any building within the
mobile home park.
4. There shall be at least two (2), off-street parking spaces for each mobile
home space, which shall be on the same site as the mobile home served
and may be located in the rear or side yard of said mobile home space.
5. Each mobile home space shall be provided with a pad which shall be a
minimum of twelve (12) feet by fifty (50) feet, which shall be constructed of
four (4) inches of compacted gravel.
6. The mobile home park shall be developed to a density compatible with the
district in which it is located; however, parks with sewer shall permit a
maximum of 4 mobile homes or 3 double wide mobile homes per acre.
Parks without public sewer shall permit a maximum of 2 mobile homes or
2 double wide mobile homes per acre. A lower density may be required
by the Hickman County Health Department after appropriate soil tests have
been completed and analyzed as to the capability of the soil to
accommodate a septic and drain field.
7. No mobile home park shall be permitted unless such park is served by a
public water supply.
8. All parks must contain a minimum of 5 acres with a maximum of 10 acres
per park.
D. General Requirements
1. Roads within the mobile home park shall be paved to a width of not less than
twenty-two (22) feet with six (6) inches stone base compacted and 3 (three)
application of chip and seal, and the right-of-way shall only be of sufficient
width to include the road surface itself and necessary drainage facilities. All
roads within the mobile home park shall be private roads and shall not be
accepted as public roads.
2. All mobile home spaces within the park shall abut an access road.
3. Each mobile home space shall be provided with the connection to the
sanitary sewer line or to a septic system approved by the Hickman County
Health Department and Board of Zoning Appeals.
4. Mobile homes, with or without toilet facilities that cannot be connected to
an approved sewer system shall not be permitted in a mobile home park.
5. Cabanas, travel trailers, and other similar enclosed structures are prohibited.
6. Mobile homes shall not be used for commercial, industrial, or other
nonresidential uses within the mobile home park, except that one (1)
mobile home in the park may be used to house a rental office.
7. Ground anchors shall be installed at each mobile home space to permit
tie- downs of mobile homes.
8. No mobile homes shall be permitted within floodplains or upon slopes
in excess of 20%.
9. All mobile homes shall be provided with an outdoor living area for the
purpose of privacy and comfort. This area shall be a minimum of 300 sq. ft.
with a dimension of 15 feet.
10. All mobile home parks shall be equipped with fire hydrants spaced no
more than 500 feet apart. The water system shall be capable of providing
a required fire flow of 500 gallons per minute for a one (1) hour duration.
11. Solid waste collection stand shall be provided for waste container for each
mobile home. Such stands shall be designed as to prevent containers from
being tipped and to minimize spillage. All central waste containers shall be
screened from view.
12. Mobile Home Parks shall be maintained free of litter and debris, which may
harbor rodents and breed flies, etc.
13. A common walk system shall be provided and maintained between
locations where pedestrian traffic Is to be concentrated. Such width shall be 3.5
ft. and meet the ADA requirements.
14. Adequate recreation facilities for the residents of the park shall be
provided in locations easily accessible to the living units and where they do
not impair the view and privacy of living units. Attractive outdoor sitting
areas shall be provided, appropriate in size, type and number to the needs
of the residents. Well-equipped playgrounds of adequate size and number
shall be provided where it is anticipated that children will occupy the
premises.
15. A buffer strip shall be provided along the perimeter of the site boundaries.
No buffering shall be allowed within 15 feet with a dimension of 15 feet.
16. The appearance and character of the site shall be preserved and enhanced
by retaining and protecting existing trees and other site features; and
additional new plant material shall be added for privacy, shade, beauty of
buildings and grounds and to screen out objectionable features. The
planting plan shall be submitted with the site plan. Existing trees, shrubs,
evergreens, and ground cover shall be retained to the extent that they
enhance the project and are effective as a screen planting or are useful in
protecting slopes.
17. No animal pens shall be allowed on the park premises.
18. All parks will be inspected annually for compliance to these regulations.
E. Plans and Schedules Required: The following information shall be shown on the
required site plan:
1. The location and legal description of the proposed mobile home park.
2. The location and size of all buildings, improvements, and facilities
constructed or to be constructed within the mobile home park.
3. The proposed use of buildings shown on the site plan.
4. The location and size of all mobile home spaces.
5. The location of all points of entry and exit for motor vehicles and internal
circulation pattern.
6. The location of all off-street parking facilities.
7. The location of park and recreation areas.
8. The name and address of the applicant.
9. Such other architectural, engineering, and topographic data as may be
required to permit the Hickman County Health Department, the Building
Commissioner, Staff Planner, and the Board of Zoning Appeals to
determine if the provisions of these regulations are being complied with,
shall be submitted with the site plan.
10. A time schedule for development shall be prepared, which shall
demonstrate the applicant's readiness and ability to provide the
proposed services. Said time shall be for a period of not more than one
(1) year.
11. All mobile home parks existing at the date of the passage of this
resolution which do not conform to the provisions of the zoning
resolution shall be governed in accordance with the provision of this
resolution.
F. Application for Mobile Home Park Development. An application for a permit to
develop and construct a mobile home park shall be filed in accordance with this
resolution, and shall be accompanied by all site plans, schedules, and other
information herein required. Said application shall be processed in the following
manner.
1. The written application, plans, and schedules, herein required, and a
statement of approval of the proposed sewage disposal system from the
Hickman County Health Department will be submitted to the Hickman
County Building Commissioner, and the Hickman County Regional
Planning Commission. The County Regional Planning Commission shall
duly review these materials and shall co-ordinate the review with the
appropriate utility districts.
2. The Hickman County Building Commissioner shall, after review,
recommend approval or disapproval of the proposed mobile home park
to the Board of Zoning Appeals, which then may authorize the issuance
of a permit for construction of the park as approved, or state the
conditions under which approval for construction may be granted.
3.080. Development Standards for Automobile Wrecking, Junk and Salvage
Yards. Because of the nature and character of their operations, automobile
wrecking and salvage yards, junk yards, and similar uses of land can have a
decidedly detrimental effect upon surrounding properties. Salvage and wrecking
yards tend to create problems of noise, dust, traffic and health hazards, and may
adversely affect property value by their general appearance. The following
standards shall be required to minimize their objectionable characteristics:
A. All motor vehicles stored or kept in such yards shall be so kept that they will not
catch and hold water in which mosquitoes may breed and so that they will not
constitute a place or places in which rats, mice, or other vermin may be
harbored, reared or propagated.
B. Because of the tendency for salvage yards to promote the breeding of vermin,
no such operation shall be permitted closer than three hundred (300) feet
from any established residential zone.
C. All outdoor storage of salvage and wrecking operations shall be conducted
entirely within an enclosed opaque fence, screen, or wall, excepting driveway
areas, from eight (8) to twelve (12) feet in height. Storage between the road
or street and such fence, screen, or wall is expressly prohibited. Any fence,
screen, or wall for concealment shall be maintained in good condition.
D. All such yards shall be so maintained as to be in a sanitary condition and so as
not to be a menace to public health or safety.
E. Off-Road Parking shall be as required by ARTICLE III, SECTION 3.010.
F. Ingress and Egress: The number of vehicular access driveways permitted on
any single street frontage shall be limited to:
1. One (1) driveway where the parcel to be used has a maximum road or street
frontage of one hundred (100) feet or less.
2. Two (2) driveways where the road or street frontage exceeds one hundred
(100) feet. Driveways used for ingress and egress shall be limited to thirty (30)
feet in width maximum, exclusive of curb returns.
G. Application for Automobile Wrecking, Junk or Salvage Yard Permit: No
person shall own or maintain an automobile wrecking, junk, or salvage yard
within the Hickman County Planning Region until a permit is obtained from
the Hickman County Board of Zoning Appeals. An application for said permit
shall be filed in accordance with ARTICLE VII, SECTION 7.060, of this
resolution and shall be accompanied by a detailed site plan, a schedule for
construction, and any other information herein required. Said application shall
be submitted along with any plans and schedules. The Board shall vote to
approve or disapprove the application in accordance with the time schedule
in SECTION 7.060.
H. The following are exempt from Automobile Wrecking, Junk or Salvage Yards:
1. The site of a property zoned for car repair or towing establishments.
2. Any abandoned, wrecked, junked, partially dismantled or inoperative
motor vehicles kept within a building.
3. Any farm machinery, including tractors and trucks that have been used
specifically in farming activities.
3.090. Guidelines for New Cemeteries (Added by Resolution #07-04)
1. All State and County regulations for Private/Family Cemeteries must be
followed.
2. Must be at least 100 feet away from ponds, streams, rivers, springs, and
wells.
3. Must have a perimeter fence around the cemetery least 36 inches high.
4. Must have an easement to a public roadway at least 18 feet wide.
5. Cemetery dimensions and location must be recorded in the property
deed and filed with the Register of Deeds.
6. All gravesites must be marked with a permanent marker or headstone.
7. A written record of who is buried in the cemetery and where they are
buried must be kept and updated after each burial.
3.100. Standards for Guest Houses (Added by Resolution 09-34, August 25,
2009)
1. A guest house must be clearly subordinate and incidental to the
principal residence on the same lot.
2. The lost must be at least one (1) acre and already contain an existing
residential home.
3. The guest house must be at least three hundred-fifty (350) square feet,
but no more than one thousand (1,000) square feet of living (heated)
area with a maximum height of approximately fifteen (15) feet.
4. The guest house may not be rented or leased.
5. May not be located within any required setback areas.
6. Only one guest house per lot.
7. The guest house must meet local building codes.
8. The guest house must meet all setbacks.
9. Approval is required by the County Health Officer (septic approval).
10. The property owner must sign an agreement, filed with the building
permit, documenting their understanding of all the necessary
restrictions pertaining to guest houses.
11. Any variation to the above restrictions must be approved by the Board
of Zoning Appeals. However, no more than one guest house shall be
approved for any one lot.
3.110 Development Standards for Multi-Family Dwellings. The
provisions set forth herein are intended to provide design criteria for
multi-family dwellings located on a single zone lot or tract that abuts a
public street. Specifically, these provisions are intended to provide
regulations controlling the spacing, internal orientation, etc., of multiple
buildings located on a single site. It is the express purpose of these
provisions to establish design criteria and to provide for the
implementation of these provisions by Planning Commission review of the
site plan required for all such developments by section 2.080. (Added
Section 3.120, Subsections 3.121-123, by Resolution 09-08, March
23, 2009)
3.110.1 Development Standards
1. General Standards. It is the intent that multi-family dwellings where they are
permitted:
A. May be appropriately intermingled with other types of housing, within the
same development;
B. Shall not contain more than twelve (12) dwelling units per floor on a single
unbroken frontage; and
C. Shall constitute groupings making efficient economical, comfortable, and
convenient use of land and open space, and serving the public purpose of
zoning by means alternative to conventional arrangements of yards and
buildable areas.
D. Shall provide a landscaped buffer of at least twenty-five feet adjacent to any
single-family residential development. If deemed to be needed by the
Planning Commission and/or the Board of Zoning Appeals a six (6) to eight
(8) foot fence adjacent to the single-family residential development can be
required.
2. Detailed Standards
A. Each dwelling unit shall be provided with reasonable visual and acoustical
privacy. Fences, walks, and landscaping shall be provided for the
protection and aesthetic enhancement of the development and privacy of
the occupants, screening of objectionable views or uses and the deduction
of noise. A minimum of thirty (30) feet shall be maintained between
buildings.
B. Street sidewalks and on-site walks shall be provided for convenient and safe
access to all living units from streets, driveways, parking courts, or garages
and for convenient circulation and access to all facilities.
C. The appearance and character of the site shall be preserved and enhanced
by retaining and protecting existing trees and other site features; and
additional new plant material shall be added for privacy, shade, beauty of
buildings, and grounds and to screen out objectionable features. The
planting plan shall be submitted with the site development plan.
D. Existing trees, shrubs, evergreens, and ground cover shall be retained to
the extent that they enhance the project, are effective as a screen panting
or are useful in protecting slopes.
E. Adequate recreation facilities for the residents of the project shall be
provided in locations easily accessible to the living units and where they do
not impair the view and privacy of living units.
F. Attractive outdoor sitting areas shall be provided, appropriate in size, type
and number to the needs of the residents.
G. Well-equipped playgrounds of adequate size and number shall be
provided, where it is anticipated that children will occupy the premises.
H. All public and private streets located within any multi-family development
shall meet the construction specifications set forth in the Hickman County
Road Specifications.
I. The Planning commission shall act to ensure that any private drives, parking
areas or other vehicular ways used for common access for two (2) or more
residents will be suitable paved and maintained as a condition of approval
of the project.
J. Any central refuse disposal area shall be maintained in such a manner as
to meet local health requirements and shall be screened from public view.
K. Adequate fire protection must be provided.
3.110.2 Access and Parking Requirements
1. Access
A. Each site developed for multi-family dwellings shall meet the requirements
for access set forth in Section 2.060, of this resolution.
B. Access and circulation shall adequately provide for firefighting, other
emergency equipment, service deliveries, furniture moving vans and
refuse collection.
2. Parking
A. Parking spaces shall be provided in accordance with Section 3.010, of this
resolution.
B. Off-street parking may be grouped in bays, either adjacent to streets or in
the interior of blocks. Such parking areas shall generally be located in close
proximity to the dwelling units they are designed to serve. At least two (2)
parking spaces per dwelling unit shall be located so as to provide a
maximum walking distance of two hundred (200) feet from the nearest
entrance of the dwelling unit the space is to serve. Where appropriate,
common driveways, parking areas, walks and steps shall be maintained and
lighted for night sue. Screening of parking and service areas shall be
encouraged through ample use of trees, shrubs, hedges, and screening
walls.
C. Parking areas are required to be lighted is such a manner as direct the
lighting away from adjacent residential developments.
3.110.3 Open Space Requirements. Any common open space
established within a multi- family dwelling development shall be
subject to the following:
1. Quality Use and Improvement of Common Open Space
A. Common open space must be for amenity or recreational purposes. The
uses authorized for common open space must be appropriate to the scale
and character of the development considering ins size, density, expected
population, topography and other factors.
B. No common open space may be put to any use not specified on the
approved final development plan, unless such amendment has been
approved by the Planning Commission. However, no change authorized
may be considered as a waiver of any of the covenants limiting the use of
common open space areas, and all rights to enforce the covenants is
expressly reserved.
C. Common open space may consist of either improved or unimproved land.
In this regard the approving agency may determine that all or part of
stream areas, bodies of water and slopes in excess of fifteen (15) percent
may be included in common open space. In making this determination,
the approving agency shall be guided by the extent of these areas in
relation to the development and the degree to which these areas contribute
to the quality, livability, and amenity of the development.
2. Maintenance of Open Space. In an instance where common open space is to
be deeded to a maintenance organization, the developer shall file a
declaration of covenants and restrictions that will govern the association. This
document is to be submitted with the application for final approval of the
planned development plan. The provisions shall be included but not limited
to the following:
A. The maintenance organization must be established and operational before
any unit is sold.
B. Membership must be mandatory for each unit and must run with the land
so that any successive purchaser will automatically become a member.
C. The restrictions covering the use, etc., of the open space must be
permanent, not just for period of years.
D. The association(s) must be responsible for liability insurance, local taxes and
the maintenance of all facilities and lands deeded to it.
E. Homeowners must pay their pro rata share of the cost assessed by the
maintenance association; said assessment by the association can become
a lien on the homeowner's property for failure to pay.
F. The association must be able to adjust the assessment of fees to meet
changing needs.
3. Conveyance of Common Open Space. All land shown on the final
development plan as common open space must be conveyed under one of
the following options:
A. It may be conveyed to a public agency which will agree to maintain he
common open space and any buildings, structures, or improvements
which have been placed on it.
B. It may be conveyed to trustees provided in an indenture establishing an
association, funded trust, or similar organization.
C. The common open space must be conveyed to the trustee's subject to
covenants to be approved by the Planning Commission which restrict the
common open space O the uses specified on the final development plan,
and which provide for e maintenance of the common open space in a
manner which assures its continuing use for its intended purposes.
3.120. Special guidelines for commercial campgrounds, travel trailer parks,
and overnight campgrounds. (Added by Resolution 16-20, July 25, 2016)
1. A minimum of three acres must be allocated for the campground. A separate
parcel is required for all commercial campgrounds, travel trailer parks, and
overnight campgrounds.
2. The entrance control station shall be setback from the roadways far enough to
allow safe accommodation of all traffic.
3. Contain a minimum of two camping loops and approximately 12 campsites per
acre.
4. A sewage dump station shall be located near the entrance as per state regulations.
5. Contain at least two bathroom/shower structures and two toilet structures,
approved by local water provider and the state environmentalist.
6. Recreation amenities shall be located outside of any camp loop and near day use
area.
7. Tent camping should be separated from other camp sites.
8. Roadways and campsites shall be graded and compacted with crusher run or
paved if preferred.
9. Roadways shall be 15' width if one way or 20' width for two-way traffic.
10. Safe drinking water shall be provided with frost-proof spigot. One spigot per five
campsites.
11. Accessory activities, such as playgrounds, picnic shelters, horse facilities, boating
facilities and special events may be permitted throughout the year.
12. Electric hookups shall be provided for non-tent sites.
13. Trash containers shall be provided.
14. Camp sites should be a minimum of 30 ft. wide and 75 ft. long.
15. Individual campsite design examples shall be provided by the Hickman County
Office of Planning and Zoning. These examples shall be followed as much as
possible for good design.
16. The Board of Zoning Appeals is charged with review of the overall plan and its
adherence to these regulations. Site plan approval shall be with the Planning
Commission.
17. The site plan shall provide all details for review by the BZA and Planning
Commission.
18. No permanent structure shall be located within a floodplain.
3.130. Development Standards for Indoor Gun Ranges and Indoor Live Fire Shoot
Houses within C-1 (General Commercial) and (General Industrial) Zoning
Districts. (Added by Resolution 17-02, July 28, 2017)
1. Construction plans prepared by licensed engineer or architect are required.
2. All Federal, State, Local, U.S. EPA, OSHA, and National Environmental Policy Act
requirements and local codes shall be addressed for range design.
3. Disposal of spend ammunition and others waste shall be addressed. Disposal shall
be done in a safe and environmentally controlled manner.
4. Proper supervision is required for all onsite operations.
5. Retail sales of firearms and all related items are allowed.
6. The operation is subject to inspection by the Hickman County Building Official at
any time during normal operating hours.
3.140. Development Standards for Wild Game Butchering and Processing
(Seasonal Only) in A-1 Agricultural Forestry Zoning District. (Added by Resolution
18-20, May 29, 2018)
1. Permit or authorization from Tennessee Wildlife & Resource Agency. (If required)
2. Address odor, air, water and noise pollution.
3. Location of garbage containers and garbage pickup to avoid adverse effects on
neighboring community.
4. All processing must be conducted indoors.
5. Method of disposal of waste products from the operation.
6. What will be conducted on the site outside of the proposed seasonal operation?
7. Outdoor lighting shall not reflect onto neighboring properties and ample parking
must be available on site.
8. The facility must have all necessary federal, state and/or county licenses and/or
permits and comply with all federal and state health and safety regulations and all
Hickman County regulations and codes.
3.150 Development Standards for Micro-Distilleries (Added by Resolution #21-
38)
1. All permit/license/special exception holders shall provide a plan or methods to
control external fundus growth inherent to these operations. A violation of the
same may be grounds for revocation of said permit/license/special exception.
2. No release of pollutants or byproducts of the distillery process into waterways
or ground water shall be allowed. A violation of the same may be grounds for
revocation of said permit/license/special exception.
3. Micros distillery structures shall be setback at lease 250 ft. from any off site
residential.
ARTICLE IV
ZONING DISTRICTS
SECTION
4.010 Establishment of districts (Deleted and Replaced by Resolution 09- 19,
June 23, 2009)
4.020
Zoning Atlas
4.030 Zoning District Boundaries
4.040 Specific District Regulations
4.050 General Commercial Districts
4.060 General Industrial Districts
4.070 Floodplain Zoning Regulations (Deleted and Replaced by Resolution 09-19,
June 23, 2009) (Further Amended by Resolution 18-06, February 27,
2018)
4.010 ESTABLISHMENT OF DISTRICTS (Deleted and Replaced by
Resolution 09-19, June 23, 2009)
4.010.1
Relationship to Public Chapter 1101. Upon approval of the Urban
Growth Plan for Hickman County, each municipality and the County government
are committed to a process that is intended to direct growth and development
on a Countywide basis for the next twenty (20) years. This plan, as specified the
law, establishes three (3) types of growth areas:
Urban Growth Boundaries (UGB) - territory that is contiguous to and
outside the corporate limits of a municipality where high density
residential, commercial, and industrial growth is expected, or where a
municipality is better able to provide urban services than any other
municipality.
Planned Growth Areas (PGA) - territory outside municipalities where high
or moderate density commercial, industrial, and residential growth is
projected.
Rural Areas (RA) - territory not in a UGB or a PGA that is to be preserved
as agricultural lands, forests, recreational areas, wildlife management
areas or for uses other than high density commercial, industrial, and
residential development.
Over a period of several months the Hickman County Coordinating
Committee (a body comprised of members specified in Public Chapter
1101) developed the Countywide Urban Growth Plan. Following
necessary public hearing and other legally required processes this plan
was adopted and now has the force of law.
One requirement established in Public Chapter 1101, that is particularly
pertinent to the establishment and operation of zoning law within the
County is the requirement established in Section 6-58-107 Tennessee
Code, which reads as follows:
"After a growth plan is so approved, all land use decisions made by the
legislative body and the municipality's or County's planning commission
shall be consistent with the growth plan.
In order to meet this legal mandate, it has been determined that the
various zoning districts created by this Zoning Resolution must be tailored
to the general purposes established within the three (3) types of growth
areas, i.e., (UGA) and (RA). Thus, the following districts are established for
the three (3) areas designated on the adopted Urban Growth Plan, as
noted below.
4.010.2
Districts Applicable Within Rural Areas (RA)
In order to implement all purposes and provisions of this resolution, the
following districts are hereby established for Hickman County.
A-1
Agriculture-Forestry District
C-1
General Commercial District
C-2
Commercial District
I-1
General Industrial District
I-2
Heavy Industrial District
Floodplain Zoning Regulations
4.010.3
Districts Applicable Within Planned Growth Areas (PGA
and Urban Growth Boundaries (UBG)
In order to implement all purposes and provisions of this resolution, the
following districts are hereby established for portions of the County
designated as Planned Growth Areas (PGA) and Urban Growth
Boundaries (UGB) on the Growth Plan for Hickman County.
Residential Districts Applicable Within PGA and UGB
A-1
_Agricultural-ForestryDistrict
R-1
Suburban Residential District (Amended by Resolution 18-
06, February 27, 2018)
R-2
High Density Residential District (Added by Resolution 18-
06, February 27- 2018)
Commercial District Applicable Within PGA and UGB
C-1 General Commercial District
C-2
Commercial District (Added by Resolution 18-06, February
27,2018)
Industrial Districts Applicable Within PGA and UBG
I-1
General Industrial District
Floodplain Zoning Regulations
4.020. Zoning Atlas. The location and boundaries of the zoning districts are
bounded and defined as shown on the Atlas entitled Zoning Atlas of Hickman
County, Tennessee. The Zoning Atlas and any amendment thereto shall be dated
with the effective date that adopts the same. Certified prints of the adopted
Zoning Atlas and Zoning Atlas amendments shall be maintained in the office of
the Building Commissioner and shall be available for inspection by the public at
all reasonable times.
4.030. Zoning district boundaries.
A.
Unless otherwise indicated on the Zoning Atlas the district boundaries are
lot lines, center lines of streets or alleys, or the Hickman County boundary
lines as they exist at the time of the enactment. Questions concerning the
exact locations of district boundaries shall be determined by the Hickman
County Board of Zoning Appeals.
B.
Where a district boundary line divides a lot which was in single ownership
at the time of passage of this resolution, the regulations for either portion
of the lot shall not exceed five hundred (500) feet beyond the district line
into the remaining portion of the lot.
C.
Where the property on one side of a street between two intersecting
streets is in a business or industrial district and the property on the
intersecting street, except the corner or corners, is in a residential district,
the business or industrial use shall be limited to the property facing or
fronting the street zoned for business or industry throughout the block,
and any property in the rear thereof facing or fronting the intersecting
street, even though it appears to be in a business or industrial district, shall
be governed by the use prevailing on the intersecting street. It is the
purpose to limit business and industrial uses to the property facing or
fronting the street zoned for business or industry and to prohibit business
or industrial uses facing or fronting the street zoned for residential uses. In
all cases of ambiguity due to the actual layout of the property or other
circumstances, the Board of Zoning Appeals shall have authority to
determine on which street the business or industrial use shall face or front
so that the intent of this resolution shall be observed.
4.040
Specific District Regulations. The following regulations shall apply
in all zoning districts established in SECTION 4.010.
4.040.1 A-1, Agriculture-Forestry District.
A.
District Description. This district is intended to preserve space for
agricultural and forestry uses which together comprise an important
segment of the economy of Hickman County. The primary intent of the
A-1 District is to minimize conflicts between agricultural and forestry
activities and various non-agricultural activities; to permit lands best
suited for intense agricultural uses to be preserved for these suited
purposes; and to prevent lands unsuitable for development of an
urban or nonrural nature, due to topographic problems, location, or
the inability to provide necessary urban services, from being
encroached upon by these incompatible land uses. Areas assigned to
the A-1 District are primarily areas where growth of an urban or nonrural
nature is deemed undesirable for one or more of the reasons outlined
above. The following regulations shall apply in the A-1, Agriculture-
Forestry District, as defined on the Zoning Atlas of Hickman County,
Tennessee.
B.
AGRICULTURAL USES OF LAND - THIS RESOLUTION SHALL NOT BE
CONSTRUED AS LIMITING OR AFFECTING IN ANY WAY OR
CONTROLLING THE AGRICULTURAL USES OF LAND. REFER TO
ARTICLE V, EXCEPTIONS AND MODIFICATIONS, SECTION 5.070.
(TN CODE ANNOTATED 13-7-114)
C.
Uses Permitted. In the A-1, Agriculture-Forestry District, the following
uses and their accessory uses are permitted:
1.
Agricultural and forestry uses and their accessory structures, as
defined in ARTICLE VI.
2.
Detached single-family and two-family dwellings.
3.
Private residential garages, barns, sheds, stables, farm buildings
and other accessory structures and uses customarily incidental to
permitted uses.
4.
Agricultural processing including ginning and compressing,
shelling, baling and threshing services.
5.
Animal husbandry services including veterinarian services, animal
hospital services and poultry hatchery services.
6.
Forestry activities and related services.
7.
Utility facilities necessary for the provision of public services.
8.
Feed lots and egg production houses.
9.
Roadside stands for the sale of agriculture or forestry products
provided that such stand does not exceed an area of three
hundred (300) square feet and that it is located off the public
right of way.
10.
Customary home occupations as regulated in Article III, Section
3.070.
11.
Signs as regulated by the Tennessee Department of
Transportation. Local permits are not required.
12.
Fisheries and related services.
13.
Community Facilities-- including all government buildings such as
fire departments, post offices, libraries, police, and civil defense.
14.
DELETED- RESERVED FOR FUTURE USE.
15.
Hunting leases with cabins
16.
Catfish Farming, trout farming, aquatic farms- "Do it yourself" or
retail related farm uses.
17.
Fishing lakes, hiking, and biking trails
18.
Educational farm activities-farm tours, classes, school group
activities
19.
Wineries
20.
Pick it yourself fruits, produce, etc.
21.
Homemade furniture and crafts made and sold from a farm.
22.
Mazes.
23.
Bed and Breakfast Inns
24.
Agri-Tourism
25.
All other activities defined as Agriculture by the State of
Tennessee.
26.
Guest Houses. (Subject to the restrictions in Article III, Section
3.140, Standards for Guest Houses) (Added by Resolution 09-
34, August 25, 2009)
27.
Private Recreational Cabins allowed without any County permit.
Theses cabins shall not be for the general public but are intended
for the enjoyment of the property owners as an accessory use.
These cabins shall not exceed 600 square feet. No public water,
kitchen or electricity shall be allowed. If these amenities are to be
installed, a permit shall be required. (Added by Resolution 09-
34, August 25, 2009) (Further amended by Resolution 13-26,
July 22, 2013)
D.
Uses Permitted as Special Exceptions. In the A-1, Agriculture-Forestry
Districts, the following uses, and their accessory uses may be permitted
as special exceptions after review and approval in accordance with
ARTICLE VII, SECTION 7.060.
1.
Public or private educational institutions.
2.
Religious Facilities and other places of assembly, including civic,
social, fraternal associations and private clubs, lodges, meeting
halls, community centers, etc.
3.
Airports and medical facilities.
4.
Marinas.
5.
Community shopping facilities, providing the total floor space
devoted to retail sales does not exceed 4,000 square feet in area.
6.
Mobile Home Parks. Refer to Section 3.110.
7.
Cemeteries. Refer to Section 3.130. (Added by Resolution 07-
04, January 29,2007)
8.
Public or private recreational facilities.
9.
Professional offices.
10.
Art galleries, museums, zoological gardens, aquariums, etc.
11.
Rooming and Boarding houses, Bed and Breakfast establishments.
12.
Mobile homes provided they are used as accessory uses on lots
used for agricultural purposes which exceed 15 acres. Two mobile
homes may be placed on these tracts provided the principle
residential unit on the tract is a single detached permanent
dwelling. These mobile homes are intended for farm help or
family members of the property owner.
13.
Commercial campgrounds, travel trailer parks, and overnight
campgrounds. Refer to Section 3.160. (Added by Resolution 16-
20, July 25, 2016)
14.
Wild Game Butchering and Processing (Seasonal Only) Refer to
Section 3.180 (Added by Resolution 18-20, May 29, 2018)
15.
Micro-Distillery- See Development Standards, Section 3.160
(Added by Resolution #21-38)
16.
Community Facilities.
E.
Uses Prohibited. In the A-1, Agriculture-Forestry District, all uses except
those uses or their accessory uses specifically permitted or permitted
upon approval as a special exception by the Board are prohibited.
F.
Dimensional Regulations. All uses permitted in the A-1, Agriculture-Forestry
District shall comply with the following requirements except as provided in
Article V.
1.
Front yard setback requirement is (35) ft.
2.
Rear yard setback requirement is (25) ft.
3.
Side yard setback requirement is (20) ft.
4.
Land Area:
a. No farm, ranch or other parcel of land shall be reduced in
area to provide separate lots or building sites of less than
one (1) acre in area. However, where there is an existing lot
of record of less than one (1) acre at the time of the adoption
of this resolution, this lot may be utilized for the construction
of one single-family dwelling.
b. In the event that the property proposed to be subdivided is
less than five (5) acres in area, then a soil analysis of the
property must be conducted and the results of such an
analysis shall be transmitted to the Health Officer. If the
results of the soils analysis indicate compliance with the
required standards of the Tennessee Department of
Environment and Conservation, the Health Officer shall
submit a written statement certifying same to the Building
Commissioner. Upon receipt of such a certification from the
Health Officer, the Building Commissioner shall issue a
building permit to the applicant, providing all other
provisions of this Resolution are met.
C. In the event that the results of the soils analysis or other
required tests do not meet the required standards of the
Tennessee Department of Environment and Conservation,
then the Health Officer shall submit to the Building
Commissioner, prior to the issuance of a building permit, a
written opinion, in lieu of a certification, which shall define
what lot size or configuration, or both, shall be necessary to
meet the required standards.
d. In the event that an opinion is submitted in lieu of a
certification by the Health Officer to the Building
Commissioner, the Building Commissioner shall notify the
applicant of the necessary lot size or configuration or both,
based upon the Health Officer's written opinion. The
Building Commissioner shall not issue a building permit until
the necessary changes have been made and the Health
Officer submits to the Building Commissioner a certification
that with these changes the standards of the Tennessee
Department of Environment and Conservation have been
met.
5.
Maximum Lot Coverage. Non-Agricultural structures shall cover
no more that fifteen (15) percent of the total land area.
6.
Lot Width shall be 100 ft. at the front building setback line.
7.
Height Requirement. No building shall exceed three (3) stories
or thirty-five (35) feet in height, except as provided in ARTICLE V,
SECTION 5.030.
8.
Parking Space Requirements. As regulated in Article III of this
Resolution.
4.040.2
R-1, Suburban Residential District.
A
District Description. This district is intended to be utilized in areas where
the continuation of farming or agricultural activities is undesirable or
unfeasible. Although the R-1 District is primarily a suburban district, it
also provides for medium to high density residential development with
lot sizes for single-family dwellings being less restrictive than those of
the A-1, Agriculture-Forestry District. In addition, a primary objective of
the R-1 District is to include land uses which demand a higher level of
governmental services which are available or will be provided upon
development. The following regulations shall apply in the R-1, Suburban
Residential District, as established on the Zoning Atlas of Hickman
County, Tennessee.
B.
Use Permitted. In the R-1, Suburban Residential District, the following
uses and their accessory uses are permitted.
1. Detached single-family and two-family dwellings.
2. Private residential garages and other accessory structures and uses
customarily incidental to permitted uses.
3. Signs as regulated by the Tennessee Department of Transportation.
Local permits are not required.
4. Utility facilities necessary for the provision of public services.
5. Private recreational facilities as an integral part of a proposed
development.
6. Community Facilities as specified in the A-1 district.
7. Customary home occupations as regulated in Article III, Section 3.070.
8. Roadside stands for the sale of agriculture or forestry products
provided that such stand does not exceed an area of three hundred
(300) square feet and that it is located off the public right of way.
C
Uses Permitted as Special Exceptions. In the R-1, Suburban Residential
District, the following uses and their accessory uses may be permitted
as special exceptions after review and approval in accordance with
Article VII, Section 7.060.
1. Religious Facilities.
2. Townhouses, apartment dwellings and the like as regulated in E.
Dimensional Regulations, #4.
D.
Uses Prohibited. In the R-1, Suburban Residential District, all uses except
those uses or their accessory uses specifically permitted or permitted
upon approval as a special exception by the Board are prohibited.
E
Dimensional Regulations. All uses permitted in the R-1, Suburban
Residential District shall comply with the following requirements except
as provided in Article V.
1. Front Yard. The minimum depth of the front yard shall be thirty (30)
feet.
2. Rear Yard. The minimum depth of the rear yard shall be twenty-five
(25) feet for the principal structure and fifteen (15) feet for any
permitted accessory structures.
3. Side Yard. The side yards shall be a minimum of fifteen (15) feet for a
single- story structure, plus an additional five (5) feet for each
additional story.
4. Land Area. No farm, ranch or other parcel of land shall be reduced in
area to provide separate lots or building sites of less than (30,000)
square feet in area. However, where there is an existing lot of record
of less than (30,000) square feet this lot may be utilized for the
construction of one single-family dwelling. Whenever public sewer is
available, the lot area for single family detached dwellings may be
reduced to (15,000) sq. ft.
a) In the event that the property proposed to be subdivided is less
than five (5) acres in area, then a soils analysis of the property
must be conducted and the results of such an analysis shall be
transmitted to the Health Officer. If the results of the soils analysis
indicate compliance with the required standards of the
Tennessee Department of Environment and Conservation, then
the Health Officer shall submit to the Building Commissioner,
prior to the issuance of a building permit, a written opinion, in lieu
of a certification which shall define what lot size or configuration,
or both, shall be necessary to meet the required standards.
b) In the event that an opinion is submitted in lieu of a certification
by the Health Officer to the Building Commissioner, the Building
Commissioner shall notify the applicant of the necessary lot size
or configuration, or both, based upon the aforementioned Health
Officer written opinion. The Building Commissioner shall not
issue a building permit until the necessary changes have been
made and the Health Officer submits to the Building
Commissioner a certification that with these changes the
standards of the Tennessee Department of Environment and
Conservation have been met.
c) On lots or parcels of land where multiple-family dwellings are
constructed, the minimum lot size shall be 3 acres with a land area
per dwelling unit of five thousand (5,000) square feet. Public
Sewer or STATE APPROVED PACKAGE SEWER SYSTEM is
required for multiple-family dwelling developments. (This
Paragraph Amended by Resolution 09-08, March 23, 2009)
5. Maximum Lot Coverage. Main farm or agricultural accessory
buildings shall cover no more than fifteen (15) percent of the total
land area. Permitted nonagricultural uses, both principal and
accessory, shall cover no more than thirty-five (35) percent of the
total land area.
6. Lot Width. No lot shall be less than one hundred (100) feet wide at
the front building setback line.
7. Height Requirement. No building shall exceed three (3) stories or
thirty-five (35) feet in height, except as provided in Article V, Section
5.030.
8. Parking Space Requirements. As regulated in Article III of this
Resolution.
4.040.3 R-2 High Density Residential District (Added by Resolution
18-06, February 27, 2018)
District Description. This district is intended to provide areas suitable for
high-density single, duplex, multi- family residential development and
limited Community Facility and Commercial Activities. The district is
particularly suitable for areas adjacent to or in close proximity to urban
areas where adequate public water supply and public wastewater
(sewer) is available. Package sewer treatment are permissible. This
district is restricted to the Planned Growth Area (PGA) in Hickman Co.
The PGA has been identified as the area reserved for high-density
growth and the location of present and future urban infrastructure.
SEWER IS REQUIRED IN THIS DISTRICT.
A. Uses Permitted. In the R-2, Residential District, the following uses and their
accessory uses are permitted:
1. PERMANENT RESIDENTIAL ACTIVITIES:
a. Detached Single Family Dwellings, excluding single wide
manufactured/mobile homes.
b. Duplex Dwellings
C. Multi-Family/Apartment Dwellings
2. SEMI-PERMANENT RESIDENTIAL
3. COMMUNITY FACILITY ACTIVITIES
a. Essential Services
b. Personal and Group Care Facilities
C. Religious Facilities
4. Customary incidental home occupations (Section 3.070)
5. Other accessory structures and sues customarily incidental to the
permitted uses.
B. Uses Permitted as Special Exceptions. Within this district the following uses
and their accessory uses may be permitted as special exceptions after
review and approval in accordance with ARTICLE VII, SECTION 7.060.
1. PERMANENT RESIDENTIAL ACTIVITIES:
a. Mobile (Manufactured Home Parks as regulated in Section 3.080.
2. COMMUNITY FACILITY ACTIVITIES:
a. Cultural and Recreational Services
b. Personal and Group Care Facilities
3. COMMERCIAL ACTIVITIES:
a. Transient Habitation-Bed and Breakfast Facilities
b. Medical and Professional Services
C. Uses Prohibited. All uses excepting those uses and their accessory uses
specifically permitted or permitted upon approval as a special exception by
the Board of Zoning Appeals are PROHIBITED.
D. Dimensional Regulations. All uses within the R-2 Residential District shall
comply with the following requirements except as provided in Article V.
1. Front Yard. The minimum depth of the front yard shall be (30) feet,
measured from the right of way line.
2. Rear Yard. The minimum depth of the rear yard shall be (20) feet for
the principal structure.
3. Side yard. The minimum depth shall be (10) feet for one and two-
story structures plus (5) additional feet for each additional story over
two.
4. Land Area. All lots shall have a minimum lot area of (15,000) sq. ft. The
exceptions to this minimum lot area are as follows:
AREA PER FAMILY SHALL BE (5,000) SQ. FT. This regulation requires
that all lots must increase in size by the above square footage for each
dwelling unit. (Example: A four-unit apartment building must have at
least (30,000) sq. ft. lot. A duplex must have a (20,000) sq. ft. lot.)
5. Maximum Lot Coverage. On any lot or parcel of land, the area occupied
by all buildings and paved areas may not exceed fifty (50) percent of the
total area of the lot/parcel.
6. Lot Width. No lot shall be less than (70) ft. wide at the front building
setback line.
7. Height Requirement. No building shall exceed three (3) stories or 35
feet in height, except as provided in Article V, Section 5.030.
8. ACCESSORY STRUCTURES
a. With the exception of signs and fences, accessory structures shall not
be erected in any required front yard area.
b. Accessory structures shall be located at least five (5) feet from any
side lot line, from any rear lot line, and from any building on the
same lot.
9. Parking Space Requirements. As regulated in Article III, Section 3.010.
4.050. C-1, General Commercial District.
A.
District Description. The C-1, General Commercial District, is established
to provide areas in which the principal use of land is devoted to general
and highway commercial activities along the principal thoroughfares in
Hickman County. Regulations are designed to preserve the traffic-
carrying capacity of the streets and roads in Hickman County and to
provide for necessary off-street parking and loading. The following
regulations shall apply in the C-1, General Commercial District, as
established in the Zoning Atlas of Hickman County, Tennessee.
B.
Uses Permitted. In the C-1, General Commercial District, the following
uses and their accessory uses are permitted.
1.
Wholesale Trade.
(a) Motor vehicles and automotive equipment;
(b) Drugs, chemicals and allied products;
(c) Dry goods and apparel;
(d) Groceries and related products;
(e) Farm products;
(f) Electrical goods;
(g) Hardware, plumbing, heating equipment and supplies;
(h) Machinery, equipment, and supplies.
2.
Retail Trade.
(a) Building materials, hardware, and farm equipment;
(b) General merchandise;
(c) Food;
(d) Automotive, marine craft, and accessories;
(e) Apparel and accessories;
(f) Furniture, home furnishings, and equipment;
(g) Eating and drinking;
(h) Drug, antiques, books, sporting goods, garden supplies,
jewelry, fuel, and ice.
(i) Agricultural products.
3.
Hotels, motels, and tourist courts.
4.
Religious Facilities.
5.
Professional services.
6.
Medical Facilities.
7.
Gasoline service stations.
8.
Commercial recreation uses.
9.
Finance, insurance, and real estate services.
10.
Personal services.
11.
Business services.
12.
Repair services.
13.
Contract construction services.
14.
Warehouses or storage facilities, except those used for storing
hazardous materials.
15.
Kennels or animal hospitals.
16.
Funeral parlors.
17.
Governmental services, including fire stations.
18.
Educational services.
19.
Transportation, communication, and utility services except solid waste
disposal.
20.
Signs as regulated by the Tennessee Department of
Transportation. No local permits are required.
21.
Agricultural uses.
22.
Roadside stands for the sale of agriculture or forestry products
provided that such stand does not exceed an area of three
hundred (300) square feet and that it is located off the public right
of way.
23.
Residential Dwellings areas located within commercial building: Any
mixture of commercial and residential uses must comply with all
applicable building codes.
24.
Brewery (Added by Resolution #21-38)
25.
Micro-Distillery (Added by Resolution #21-38)
C.
Uses Permitted as Special Exceptions. In the C-1, General Commercial
District, the following uses and their accessory uses may be permitted as
special exceptions after review and approval in accordance with Article
VII, Section 7.060.
1. Any business or service which, in the opinion of the Board of Zoning
Appeals, is of the same general character as the above permitted
uses, and subject to such conditions and safeguards as the Board may
specify to preserve the character of the district.
2. Travel trailer parks and overnight campgrounds.
3. Livestock sales or feeding yards.
4. Indoor Gun Ranges and Indoor Live Fire Shoot Houses. Refer to
Section 3.140. (Added by Resolution 17-02, July 28, 2017)
D.
Uses Prohibited. In the C-1, General Commercial District, all uses, except
uses or their accessory uses specifically permitted or permitted upon
approval as a special exception by the Board are prohibited.
E.
Dimensional Regulations. All uses in the C-1, General Commercial District
shall comply with the following requirements except as provided in Article
V.
1. Front Yard. The minimum depth of the front yard shall be thirty (30)
feet.
2. Rear Yard. The minimum depth of the rear yard shall be fifteen (15)
feet, except where vehicular access will be provided to the rear of the
lot, in which case a minimum rear setback of thirty (30) feet shall be
required.
3. Side Yard. The minimum side yard requirement shall be twenty (20)
feet where vehicular access is available to the rear of the lot. Where no
such access is available or desired, a side yard of fifteen (15) feet shall
be permitted. On lots adjacent to an agricultural or residential district,
all structures shall be so located as to comply with the side yard
requirement of the adjacent district on the side adjoining said district.
Commercial buildings may be built on a common lot line provided
that there is mutual written consent of the owners of the buildings and
land directly involved and the adjacent walls of the buildings have a
fire-resistant rating of two (2) hours.
4. Land Area. No minimum land area shall be required in the C-1,
General Commercial District, where public water and sanitary sewer
service is available.
Where only public water is available, there shall be a minimum land
area of (22,000) square feet, except that lots of record smaller than the
required minimum, at the time of the adoption of this resolution, may
be utilized, provided that said lot of record is not smaller than (15,000)
square feet. Where no public water or sewer service is available, there
shall be a minimum land area of three (3) acres.
All attached buildings must meet applicable area and space
requirements and share a common fire-resistant wall.
5. Maximum Lot Coverage. No maximum lot coverage shall be imposed
in the C-1, General Commercial District.
6. Lot Width. No lot shall be less than one hundred (100) feet wide at the
front building setback line.
7. Height Requirement. No building shall exceed four (4) stories or fifty
(50) feet in height, except as provided in Article V, Section 5.030.
8. Parking Space Requirement. As regulated in Article III, Section 3.010.
4.050.1
C-2 Commercial District (Added by Resolution 18-06, February
27, 2018)
A.
District Description. This C-2, Commercial District is designed to provide
adequate space in locations designed to serve the needs of the community
and visitors. The intent is to mostly limit this district to light commercial
uses. Also, commercial trade and some commercial restaurants uses are
permitted if necessary to serve the recurring needs of persons frequenting
this district. Community services and public utilities necessary to serve the
community are permitted. Efforts should be made to cluster the
development pattern and avoid strip commercial development. Public
Water shall be required for this District.
B.
Uses Permitted: The following uses and their accessory uses are permitted:
1. Community Facility Services limited to:
(a) Administrative Services
(b) Cultural and Recreation Services
(c) Religious Facilities or other places of assembly
(d) Essential Services
2. Commercial Activities limited to:
(a) Convenience Commercial
(b) Financial, Consulting, and Administrative Services
(c) General Business and Communication Services
(d) General Personal Services
(e) Medical and Professional Services
(f) Undertaking Services
(g) Food and Beverage Service
(h) General Retail Trade limited to: Antique & secondhand
merchandise stores; bookstores; candy stores;
drapery, curtain, and upholstery stores; gift shops; jewelry stores;
hobby, toy, & game stores.
3. Accessory structures and uses customarily incidental to the permitted
uses, provided that such accessory structures and uses are carried out
on the same lot and not otherwise prohibited.
4. Parking Space requirement as regulated in Article III, Section 3.010.
5. Signs as regulated by the State of Tennessee, TDOT.
C.
Uses Permitted as Special Exceptions. In the C-2, Office/Professional and
Limited Commercial Services District, the following uses and their accessory
uses may be permitted as special exceptions after review and in accordance
with Article VII, Section 7.060, and the conditions as outlined in Article III.
1. None
D.
Uses Prohibited. In the C-2 District all uses, except uses or their accessory
uses specifically permitted or permitted upon approval as a special
exception by the Board of Zoning Appeals are PROHIBITED.
E.
Dimensional Regulations. All uses in the C-2, Commercial Services District
shall comply with the following requirements except as provided in Article
V.
1. Front Yard. The front yard setback for all structures shall be thirty (30)
feet.
2. Rear Yard. The minimum depth of the rear yard shall be fifteen (15) feet,
except where vehicular access will be provided to the rear of the lot, in
which case a minimum rear setback of thirty (30) feet shall be required.
3. Side Yard. Twenty (20) feet setback when vehicular access is required to
the rear of property. Otherwise, fifteen (15) feet is permitted. If Property
is located adjacent to a Residential or Agricultural Zone, the setback
shall comply with the setback of the adjoining district if such is greater.
4. Land Area. If Public Water and Sewer Available: None
If Public Water only is Available: Minimum of 22,000 sq. ft. or as required
by County Environmental Officer.
5. Maximum Lot Coverage. On any area or parcel of land, the area
occupied by ALL buildings and paved parking areas, shall not exceed
60% of the total area of such lot or parcel.
6. Lot Width. No lot shall be less than one hundred (100) feet wide at the
building setback line.
7. Height Requirements. No building shall exceed four (4) stories in height
or fifty (50) feet except as provided in Article V, Section 5.030. Any
proposal over two stories shall be reviewed by the Local Fire Safety
Official.
8. Landscaping Provisions and Lighting. Each site shall be developed with a
minimum of ten (10) percent of the lot area landscaped to enhance site
appearance. This area shall include a maintained landscaped strip
approximately ten (10) feet wide along all street rights of way exclusive
of driveways and walkways. No parking shall be allowed within this
area. SEE DEFINITION.
Buffering strips may be required by the planning commission. If adjacent
residential structures are to be impacted by a proposed commercial use, a
buffer strip shall be installed as defined in the definitions. This buffer strip
may be used to satisfy the landscaping requirement.
All lighting of parking areas shall be designed to illuminate only parking and
other areas of the building site as needed. Lighting shall avoid spilling onto
adjacent properties and the public roadway.
4.060. I-1, General Industrial District.
A.
District Description. The I-1, General Industrial District is intended to provide
areas in which the principal use of land is for manufacturing, processing,
assembling, fabrication of materials, and warehousing or storage. These
land uses generally do not depend primarily on frequent personal visits by
clients or customers, but generally require good accessibility to major
rail, water, or highway transportation routes. The following regulations
shall apply in the I-1, General Industrial District, as established in the
Zoning Atlas of Hickman County, Tennessee.
B.
Uses Permitted. In the I-1, General Industrial District, the following uses,
and their accessory uses are permitted.
1.
Food and kindred products manufacturing, except meat products.
2.
Textile mill products manufacturing, except dyeing and finishing of
textiles.
3. Apparel and other finished products made from fabrics, leather,
and similar materials manufacturing.
4. Lumber and wood products manufacturing.
5.
Furniture and fixtures manufacturing.
6.
Printing, publishing, and allied industries.
7. Stone, clay, and glass products manufacturing.
8.
Fabricated metal products manufacturing except resolution and
accessories.
9. Professional, scientific, and controlling instruments; photographic
and optical goods, watches, and clocks manufacturing.
10. Miscellaneous manufacturing including jewelry, silverware and
plated ware, musical instruments and parts, toys, amusement and
sporting goods manufacturing, pens, pencils, and other office
materials, costume jewelry, novelties, and miscellaneous notions;
tobacco, liquor, and gasohol manufacturing.
11. Transportation, communication, and utilities, excluding airports and
solid waste disposal.
12. All types of wholesale trade.
13. Other Light Industrial uses as defined and with no greater impacts
than these listed above.
14. Office functions only where it is directly related to or housed within
the industrial establishment in which it is located.
15. Signs as regulated by the Tennessee Department of Transportation.
Local permits are not required.
16. Fire stations and other governmental uses.
17. Utility Facilities.
18. Agricultural Uses.
19. Roadside stands for the sale of agriculture or forestry products
provided that such stand does not exceed an area of three hundred
(300) square feet and that it is located off the public right of way.
20. Educational Institutions.
21. Brewery (Added by Resolution #21-38)
22. Micro-Distillery (Added by Resolution #21-38)
C.
Uses Permitted as Special Exceptions. Indoor Gun Ranges and live fire
shoot houses. Refer to 3.170 (Deleted and Replaced by Resolution 17-
02, July 28, 2018)
D.
Uses Prohibited. In the I-1, General Industrial District, all uses, except those
uses or their accessory uses specifically permitted or permitted upon
approval as a special exception by the Board are prohibited.
E.
Dimensional Regulations. All uses permitted in the I-1, General Industrial
Districts, shall comply with the following requirements except as
provided in Article V.
1. Front Yard. The minimum depth of the front yard shall be forty (40) feet.
2. Rear Yard. The minimum depth of the rear yard shall be thirty (30) feet.
No yard shall be required for that portion of a lot of which fronts on a
railroad or rail spur line.
3. Side Yard. The minimum depth of the side yard shall be thirty (30) feet,
except the side yards for industrial lots adjacent to agricultural or
residential districts shall be a minimum of fifty (50) feet. No yard shall be
required for that portion of a lot of which fronts on a railroad or rail spur
line.
4. Land Area. Where public water and sewer service is available, there
shall be required a minimum land area of two (2) acres.
In areas where only public water is available, there shall be a minimum
of five (5) acres.
No industrial land uses shall be permitted in areas where a public
water supply is not available, except where the Board of Zoning Appeals
has determined that such use does not require a supply of potable water
in its manufacturing operation. In such instances, the Board may grant
written approval for the use and shall not be less than five (5) acres.
5. Maximum Lot Coverage. No maximum lot coverage shall be imposed in
the I-1 District.
6. Lot Width. No lot shall be less than one hundred fifty (150) feet wide at
the front building setback line.
7. Height Requirements. No height limitations shall be imposed in the I1,
General Industrial District, except as provided in Article V, Section 5.030.
8. Parking Space Requirement. As regulated in Article III of this
Resolution.
9. Loading and Unloading Requirements. As regulated in Article III of this
Resolution.
4.060.1. I-2, Heavy Industrial District
A. District Description. The I-2, Heavy Industrial District is intended to provide
areas for the types of industrial activities which by reason of volume of raw
materials or freight, scale of operations, type of structures required, or other
similar characteristics require locations relatively isolated from non-industrial
uses. These land uses generally do not depend primarily on frequent personal
visits by clients or customers, but generally require good accessibility to major
rail, water, or highway transportation routes. The following regulations shall
apply in the I2, Heavy Industrial District, as established in the Zoning Atlas of
Hickman County, Tennessee.
B. Uses Permitted. In the I-2, Heavy Industrial District, the following uses and
their accessory uses are permitted.
1.
Meat products manufacturing.
2.
Dyeing and finishing of textiles.
3.
Airports.
4.
Signs as regulated by the Tennessee Department of Transportation.
Local permits are not required.
5.
Agricultural Uses.
6.
Roadside stands for the sale of agriculture or forest products provided
that such stand does not exceed an area of three hundred (300) square
feet and that it is located off the public right of way.
C. Uses Permitted as Special Exceptions. In the I-2, Heavy Industrial Districts, the
following uses and their accessory uses may be permitted as special exceptions
after review and approval in accordance with Article VII, Section 7.060.
1.
Lots or yards for scrap or salvage operations or for processing, storage,
display, or sales of any scrap, salvage, or second-hand building materials.
2.
Automobile wrecking, salvage, and junk yards, subject to the provisions of
Article III, Section 3.120.
3.
Paper and allied products manufacturing.
4.
Chemicals and allied products manufacturing.
5.
Petroleum refining and related industries.
6.
Rubber and miscellaneous plastic products manufacturing.
7.
Primary metal industries.
8.
Ordnance and accessories manufacturing.
9. Surface and subsurface mining activities and related services.
10. Solid and hazardous waste landfills and incinerators. These uses shall
meet all performance standards as listed in Subsection 4.061, F.
11. Atomic reactors.
12. Arsenals.
13. Explosives manufacturing and storage.
14. Fireworks manufacturing.
15. Electricity Generating Facilities.
16. Radioactive waste.
17. Adult-oriented (Entertainment) Establishment. These uses shall meet all
special conditions as listed and defined in Subsection 4.061, G.
D. Uses Prohibited. In the I-2, Heavy Industrial District, all uses, except those
uses or their accessory uses specifically permitted or permitted upon approval
as a special exception by the Board are prohibited.
E. Dimensional Regulations. All uses permitted in the I-2, Heavy Industrial
Districts, shall comply with the following requirements except as provided in
Article V.
1. Front Yard. The minimum depth of the front yard shall be forty (40) feet.
2. Rear Yard. The minimum depth of the rear yard shall be thirty (30) feet. No
yard shall be required for that portion of a lot which fronts on a railroad or
rail spur line.
3. Side Yard. The minimum depth of the side yard shall be thirty (30) feet,
except the side yards for industrial lots adjacent to agricultural or residential
districts shall be a minimum of fifty (50) feet. No yard shall be required for that
portion of a lot which fronts on a railroad or rail spur line.
4. Land Area. Where public water and sewer service is available, there shall
be required a minimum land area of two (2) acres.
In areas where only public water is available, there shall be a minimum of five
(5) acres.
No industrial land uses shall be permitted in areas where a public water
supply is not available, except where the Board of Zoning Appeals has
determined that such use does not require a supply of potable water in its
manufacturing operation. In such instances, the Board may grant written
approval for the use and shall not be less than five (5) acres.
5. Maximum Lot Coverage. No maximum lot coverage shall be imposed in
the I-2 District.
6. Lot Width. No lot shall be less than one hundred fifty (150) feet wide at the
front building setback line.
7. Height Requirements. No height limitations shall be imposed in the 12,
Heavy Industrial District, except as provided in Article V, Section 5.030.
8. Parking Space Requirement. As regulated in Article III, Section 3.010.
9. Loading and Unloading Requirements. As regulated in Article III, Section 3.020.
F. Performance Standards for Solid and Hazardous Waste Landfills and
Incinerators. No person shall own or maintain a solid or hazardous waste
landfill or incinerator within Hickman County until a permit has been secured
from the Hickman County Board of Zoning Appeals and Tennessee
Department of Environment and Conservation. This Board shall base their
decision on the following criteria.
1.
The type of waste suitable for Class 1 landfills as defined by the Solid
Waste Management Act of 1991. No special waste exception.
2.
The method of disposal.
3.
The impact of the noise and odor that the landfill may create.
4.
The impact on local property values.
5.
The economic impact of the project.
6.
The compatibility with existing development.
7.
The Hickman County Highway Department must certify that existing and
proposed access roads to a proposed sanitary landfill site are capable of
supporting the size and volume of traffic generated by the operation of
the landfill and will have no adverse impact on the traveling public using
these access roads.
8.
No sanitary landfill shall be located on property where sinkholes, caves, or
caverns exist on or near the proposed landfill site.
9.
No sanitary landfill shall be located on property where a spring or springs
emanate from or under the proposed landfill site.
10.
No sanitary landfill shall be located on property with limestone bedrock and
fissures, cracks, and openings in the ground.
11.
No sanitary landfill shall be located in the proximity of either natural
gas transmission pipelines or hazardous chemical pipelines.
12.
No sanitary landfill shall be located in the drainage shed or water shed of
a known tributary of a stream of water which supplies water to any water
authority or water district.
13.
Any other factors which may affect the public health, safety or welfare.
G. Special Conditions and Definitions for Adult-Oriented (Entertainment)
Establishments
Special Conditions
1.
No establishment shall be located within two thousand (2,000) feet
(measured property line to property line) of any residence, religious
facility, school ground, college campus or park.
2.
All establishments shall be located at least two thousand (2,000) feet
measured property line to property line) of any other adult entertainment
business.
3.
No establishment shall be located within two thousand (2,000) feet
(measured property line to property line) from any residential zoned
property.
4.
Be in compliance with all provisions of the Tennessee Code, Sections 7-
51-1101 through 7-51-1122 and 7-51-1401 through 7-51-1406, and
any applicable regulations of Hickman County.
5.
All other zoning regulations shall apply.
Definitions:
1. ADULT-ORIENTED ESTABLISHMENT: Any adult bookstore, motion picture
theater, or commercial establishment which for a fee or incidentally to
another service, such as the serving of beer or other alcoholic beverages,
sells or presents material or exhibition distinguished or characterized by a
predominant emphasis on matter depicting explicit sexual activities or
partially or completely uncovered human genitals or mammary glands. Adult
oriented establishments include, but are not limited to:
2. Adult Book Stores: which means any corporation, partnership or business of
any kind which has as its principal or predominant stock in trade books,
magazines, or other periodicals and which offers, sells or rents for a fee:
(a)
Any sexually oriented material which is available for viewing by patrons
on the premises by means of the operation of movie machines or
slide projectors; or
(b)
Any sexually oriented material which has a substantial portion of its
contents devoted to the pictorial depiction of sadism, masochism, or
bestiality; or
(c)
Any sexually oriented material which has as its principal theme the
depiction of sexual activity by, or lascivious exhibition of, the
uncovered genitals, pubic region or buttocks of children who are or
appear to be under eighteen (18) years of age.
3. Adult Motion Picture Theaters: which means an enclosed building used for
presenting films which are distinguished by an emphasis on matter
depicting, describing or relating to specified sexual activities for
observation by patrons therein; and
4. Adult Show or Adult Peep Shows: which includes all adult shows, exhibitions,
performances, or presentations which contain acts or depictions of specified
sexual activities. This term also includes adult arcades, adult cabarets, and
massage parlors.
5. SEXUALLY ORIENTED MATERIAL: Means any book, Article, magazine,
publication or written matter of any kind, drawing, etching, painting,
photograph, motion picture film or sound recording that depicts sexual
activity, actual or simulated, involving human beings or animals, or which
exhibits uncovered human genitals or pubic region in a lewd or lascivious
manner or which exhibits male genitals in a discernibly turgid state if
completely uncovered.
6. SPECIFIED ANATOMICAL AREAS: Means any of the following:
a.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
b.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
7. SPECIFIED SEXUAL ACTIVITY: Means any of the following:
a.
Human genitals in a state of sexual stimulation or arousal;
b.
Acts of human masturbation, sexual intercourse or sodomy;
C.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breasts;
d.
Flagellation or torture in the context of a sexual relationship;
e.
Masochism, erotic or sexually oriented torture, beating or the infliction
of pain;
f.
Erotic touching, fondling or other such contact with an animal by a
human being;
g.
Human excretion, urination, menstruation, vaginal or an irrigation as
part of or in connection with any of the activities set forth in "a"
through "f", above.
4.070. Floodplain Zoning Regulations. (Deleted and Replaced by
Resolution 09-18, June 23, 2009) (Section number amended by Resolution
18-06, February 27, 2018)
4.070.1 Statutory Authorization, Finding of Facts, Purpose, and Objectives
A.
Statutory Authorization. The Legislature of the State of Tennessee has in
Sections 13-7-101 through 13-7-115, Tennessee Code Annotated,
delegated the responsibility to the County legislative body to adopt
regulations designed to promote the public health, safety, and general
welfare of its citizenry. Therefore, the Hickman County, Tennessee, Mayor
and Board of County Commissioners do resolve as follows:
B.
Findings of Fact
1. The Hickman County, Tennessee, Mayor and its Legislative Body wish
to maintain eligibility in the National Flood Insurance Program (NFIP) and
in order to do so must meet the NFIP regulations found in Title 44 of the
Code of Federal Regulations (CFR), Ch. 1, Section 60.3.
2. Areas of Hickman County, Tennessee, are subject to periodic
inundation which could result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
3. Flood losses are caused by the cumulative effect of obstructions in
floodplains, causing increases in flood heights and velocities; by uses
in flood hazard areas which are vulnerable to floods; or construction
which is inadequately elevated, flood proofed, or otherwise
unprotected from flood damages.
C.
Statement of Purpose. It is the purpose of this Resolution to promote the
public health, safety, and general welfare and to minimize public and
private losses due to flood conditions in specific areas. This Resolution is
designed to:
1. Restrict or prohibit uses which are vulnerable to flooding or erosion
hazards, or which result in damaging increases in erosion, flood
heights, or velocities;
2. Require that uses vulnerable to floods, including community
facilities, be protected against flood damage at the time of initial
construction;
3. Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the accommodation of
floodwaters;
4. Control filling, grading, dredging and other development which may
increase flood damage or erosion;
5. Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters, or which may increase flood hazards to
other lands.
D.
Objectives. The objectives of Section 4.070 are:
1. To protect human life, health, safety and property;
2. To minimize expenditure of public funds for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in flood prone areas;
6. To help maintain a stable tax base by providing for the sound use
and development of flood prone areas to minimize blight in flood
areas;
7. To ensure that potential homebuyers are notified that property is in a
flood prone area;
8. To maintain eligibility for participation in the NFIP.
4.070.2. Definitions. Unless specifically defined below, words or phrases used in
Section 4.070 shall be interpreted as to give them the meaning they have in
common usage and to give Section 4.070, its most reasonable application given
its stated purpose and objectives.
"Accessory Structure" means a subordinate structure to the principal structure on
the same lot and, for the purpose of this Resolution, shall conform to the following:
(1) Accessory structures shall only be used for parking of vehicles and storage.
(2) Accessory structures shall be designed to have low flood damage potential.
(3) Accessory structures shall be constructed and placed on the building site so
as to offer the minimum resistance to the flow of floodwaters.
(4) Accessory structures shall be firmly anchored to prevent flotation, collapse,
and lateral movement, which otherwise may result in damage to other
structures.
(5) Utilities and service facilities such as electrical and heating equipment shall be
elevated or otherwise protected from intrusion of floodwaters.
"Addition (to an existing building)" means any walled and roofed expansion to
the perimeter or height of a building.
"Appeal" means a request for a review of the local enforcement officer's
interpretation of any provision of this Resolution or a request for a variance.
"Area of Shallow Flooding" means a designated AO or AH Zone on a
community's Flood Insurance Rate Map (FIRM) with one (1) percent or greater
annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate; and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow.
"Area of Special Flood-Related Erosion Hazard" is the land within a community
which is most likely to be subject to severe flood-related erosion losses. The area
may be designated as Zone E, on the Flood Hazard Boundary Map (FHBM). After
the detailed evaluation of the special flood-related erosion hazard area in
preparation for publication of the FIRM, Zone E may be further refined.
"Area of Special Flood Hazard" see "Special Flood Hazard Area".
"Base Flood" means the flood having a one (1) percent chance of being equaled
or exceeded in any given year. This term is also referred to as the 100-year flood
or the one (1) percent annual chance flood.
"Basement" means any portion of a building having its floor sub-grade (below
ground level) on all sides.
"Building" see "Structure".
"Development" means any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling operations, or storage of
equipment or materials.
"Elevated Building" means a non-basement building built to have the lowest
floor of the lowest enclosed area elevated above the ground level by means of
solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of floodwater, pilings, columns, piers, or shear walls
adequately anchored so as not to impair the structural integrity of the building
during a base flood event.
"Emergency Flood Insurance Program" or "Emergency Program" means the
program as implemented on an emergency basis in accordance with Section 1336
of the Act. It is intended as a program to provide a first layer amount of insurance
on all insurable structures before the effective date of the initial FIRM.
"Erosion" means the process of the gradual wearing a way of land masses. This
peril is not "per se" covered under the Program.
"Exception" means a waiver from the provisions of Section 4.070 which relieves the
applicant from the requirements of a rule, regulation, order or other
determination made or issued pursuant to Section 4.070.
"Existing Construction" means any structure for which the "start of construction"
commenced before the effective date of the initial floodplain management code
or resolution adopted by the community as a basis for that community's
participation in the NFIP.
"Existing Manufactured Home Park or Subdivision" means a manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, final site grading or the
pouring of concrete pads) is completed before the effective date of the first
floodplain management code or resolution adopted by the community as a
basis for that community's participation in the NFIP.
"Existing Structures" see "Existing Construction".
"Expansion to an Existing Manufactured Home Park or Subdivision" means
the preparation of additional sites by the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters from any
source.
"Flood Elevation Determination" means a determination by the Federal
Emergency Management Agency (FEMA) of the water surface elevations of the
base flood, that is, the flood level that has a one percent or greater chance of
occurrence in any given year.
"Flood Elevation Study" means" an examination, evaluation and determination
of flood hazards and, if appropriate, corresponding water surface elevations, or
an examination, evaluation and determination of mudslide (i.e., mudflow) or flood-
related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community,
issued by FEMA, where the boundaries of areas of special flood hazard have been
designated as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a community,
issued by FEMA, delineating the areas of special flood hazard or the risk premium
zones applicable to the community.
"Flood Insurance Study" is the official report provided by FEMA, evaluating flood
hazards and containing flood profiles and water surface elevation of the base
flood.
"Floodplain" or "Flood Prone Area" means any land area susceptible to being
inundated by water from any source (see definition of "Flood" or "Flooding").
"Floodplain Management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood control works and floodplain
management regulations.
"Flood Protection System" means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the area
within a community subject to a "special flood hazard" and the extent of the depths
of associated flooding. Such a system typically includes hurricane tidal barriers,
dams, reservoirs, levees or dikes. These specialized flood modifying works are
those constructed in conformance with sound engineering standards.
"Flood proofing" means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities and
structures and their contents.
"Flood-Related Erosion" means the collapse or subsidence of land along the
shore of a lake or other body of water as a result of undermining caused by waves
or currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high-water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a flash flood, or by some
similarly unusual and unforeseeable event which results in flooding.
"Flood-Related Erosion Area" or "Flood-Related Erosion Prone Area" means a
land area adjoining the shore of a lake or other body of water, which due to the
composition of the shoreline or bank and high-water levels or wind-driven currents,
is likely to suffer flood-related erosion damage.
"Flood-Related Erosion Area Management" means the operation of an overall
program of corrective and preventive measures for reducing flood-related
erosion damage, including but not limited to emergency preparedness plans,
flood-related erosion control works and floodplain management regulations.
"Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
"Freeboard" means a factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to compensate
for the many unknown factors that could contribute to flood heights greater than
the height calculated for a selected size flood and floodway conditions, such as
wave action, blockage of bridge or culvert openings, and the hydrological effect
of urbanization of the watershed.
"Functionally Dependent Use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the ground
surface, prior to construction, adjacent to the proposed walls of a structure.
"Historic Structure" means any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3)
Individually listed on the Tennessee inventory of historic places and
determined as eligible by states with historic preservation programs which
have been approved by the Secretary of the Interior; or
(4)
Individually listed on the Hickman County, Tennessee inventory of historic
places and determined as eligible by communities with historic
preservation programs that have been certified either:
(a) By the approved Tennessee program as determined by the
Secretary of the Interior or
(b) Directly by the Secretary of the Interior.
"Levee" means a man-made structure, usually an earthen embankment,
designed and constructed in accordance with sound engineering practices to
contain, control or divert the flow of water so as to provide protection from
temporary flooding.
"Levee System" means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
"Lowest Floor" means the lowest floor of the lowest enclosed area, including a
basement. An unfinished or flood resistant enclosure used solely for parking of
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided, that such enclosure is not built so
as to render the structure in violation of the applicable non-elevation design
requirements of this Resolution.
"Manufactured Home" means a structure, transportable in one or more
Sections, which is built on a permanent chassis and designed for use with or
without a permanent foundation when attached to the required utilities. The term
"Manufactured Home" does not include a "Recreational Vehicle".
"Manufactured Home Park or Subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) for a community issued by FEMA.
"Mean-Sea-Level" means the average height of the sea for all stages of the tide. It
is used as a reference for establishing various elevations within the floodplain. For
the purposes of this Resolution, the term is synonymous with the National
Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum
(NAVD) of 1988, or other datum, to which Base Flood Elevations shown on a
community's Flood Insurance Rate Map are referenced.
"National Geodetic Vertical Datum (NGVD)" means, as corrected in 1929, a
vertical control used as a reference for establishing varying elevations within the
floodplain.
"New Construction" means any structure for which the "start of construction"
commenced on or after the effective date of the initial floodplain management
Resolution and includes any subsequent improvements to such structure.
"New Manufactured Home Park or Subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after the effective date of this
resolution or the effective date of the initial floodplain management resolution
and includes any subsequent improvements to such structure.
"North American Vertical Datum (NAVD)" means, as corrected in 1988, a vertical
control used as a reference for establishing varying elevations within the
floodplain.
"100-Year Flood" see "Base Flood".
"Person" includes any individual or group of individuals, corporation, partnership,
association, or any other entity, including State and local governments and
agencies.
"Reasonably Safe from Flooding" means base flood waters will not inundate
the land or damage structures to be removed from the Special Flood Hazard Area
and that any subsurface waters related to the base flood will not damage existing
or proposed structures.
"Recreational Vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest
horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck;
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than a
designated height.
"Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
"Special Flood Hazard Area" is the land in the floodplain within a community
subject to a one (1) percent or greater chance of flooding in any given year. The
area may be designated as Zone A, on the FHBM. After detailed ratemaking has
been completed in preparation for publication of the FIRM, Zone A usually is
refined into Zones A, AO, AH, Al -30, AE or A99.
"Special Hazard Area" means an area having special flood, mudslide (i.e.,
mudflow) and/or flood related erosion hazards, and shown on an FHBM or FIRM
as Zone A, AO, Al -30, AE, A99, or AH.
"Start of Construction" includes substantial improvement, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was
within (180) days of the permit date. The actual start means either the first
placement of permanent construction of a structure (including a manufactured
home) on a site, such as the pouring of slabs or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; and
includes the placement of a manufactured home on a foundation. Permanent
construction does not include initial land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds, not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of
the building.
"State Coordinating Agency" the Tennessee Department of Economic and
Community Development's, Local Planning Assistance Office, as designated by
the Governor of the State of Tennessee at the request of FEMA to assist in the
implementation of the NFIP for the State.
"Structure" for purposes of this Section 4.070, means a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home.
"Substantial Damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure before the
damage occurred.
"Substantial Improvement" means any reconstruction, rehabilitation, addition,
alteration or other improvement of a structure in which the cost equals or exceeds
fifty percent (50%) of the market value of the structure before the "start of
construction" of the initial improvement. This term includes structures which have
incurred "substantial damage", regardless of the actual repair work performed.
The market value of the structure should be (1) the appraised value of the structure
prior to the start of the initial improvement, or (2) in the case of substantial
damage, the value of the structure prior to the damage occurring.
The term does not, however, include either: (1) Any project for improvement of a
structure to correct existing violations of State or local health, sanitary, or safety
code specifications which have been pre- identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions and not solely triggered by an improvement or repair project or; (2) Any
alteration of a "historic structure", provided that the alteration will not preclude
the structure's continued designation as a "historic structure".
"Substantially Improved Existing Manufactured Home Parks or Subdivisions"
is where the repair, reconstruction, rehabilitation or improvement of the streets,
utilities and pads equals or exceeds fifty percent (50%) of the value of the streets,
utilities and pads before the repair, reconstruction or improvement commenced.
"Variance" is a grant of relief from the requirements of this Section 4.070.
"Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certification, or other
evidence of compliance required in this Resolution is presumed to be in violation
until such time as that documentation is provided.
"Water Surface Elevation" means the height, in relation to the National
Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum
(NAVD) of 1988, or other datum, where specified, of floods of various magnitudes
and frequencies in the floodplains of riverine areas.
4.070.3 General Provisions
A. Application. This Resolution shall apply to all areas within the
unincorporated area of Hickman County, Tennessee.
B. Basis for Establishing the Areas of Special Flood Hazard. The Areas of
Special Flood Hazard identified on the Hickman County, Tennessee, as
identified by FEMA, and in its Flood Insurance Study
(FIS)47081CVOOOA and Flood Insurance Rate Map (FIRM),
Community Panel Numbers 47081C0015D, 0020D, 0030D, 0035D,
0040D, 0045D, 0055D, 0060D, 0065D, 0070D, 0080D, 0085D,
0090D, 0095D, 0105D, 0115D, 0130D, 0135D, 0140D, 0145D,
0155D, 0160D, 0165D, 0170D, 0180D, 0185D, 0186D, 0187D,
0188D, 0189D, 0195D, 0205D, 0210D, 0215D, 0220D, 0230D,
0240D, 0255D, 0260D, 0265D, 0270D, 0280D, 0285D, 0290D,
0295D, 0305D, 0310D, 0315D, 0320D, 0330D, 0335D, 0340D,
0346D, 0355D, 0385D, 0401D, 0430D, 043 I D; Community No.
470091, effective date, August 4, 2008, along with all supporting
technical data, are adopted by reference and declared to be a part of
Section 4.070.
C.
Requirement for Development Permit. A development permit shall be
required in conformity with Section 4.070 prior to the commencement of
any development activities.
D.
Compliance. No land, structure or use shall hereafter be located,
extended, converted, or structurally altered without full compliance with
the terms of Section 4.070 and other applicable regulations.
E.
Abrogation and Greater Restrictions. This Resolution is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Resolution conflicts or overlaps with
another regulatory instrument, whichever imposes the more stringent
restrictions shall prevail.
F.
Interpretation. In the interpretation and application of this Resolution, all
provisions shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body and; (3) deemed neither to limit
nor repeal any other powers granted under Tennessee statutes.
G.
Warning and Disclaimer of Liability. The degree of flood protection
required by this Resolution is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man- made or natural causes. This Resolution does not imply
that land outside the Areas of Special Flood Hazard or uses permitted
within such areas will be free from flooding or flood damages. This
Resolution shall not create liability on the part of Hickman County,
Tennessee or by any officer or employee thereof for any flood damages
that result from reliance on this Resolution or any administrative decision
lawfully made hereunder.
H.
Penalties for Violation. Violation of the provisions of this Section 4.070 or
failure to comply with any of its requirements, including violation of
conditions and safeguards established in connection with grants of
variance shall constitute a misdemeanor punishable as other
misdemeanors as provided by law. Any person who violates this
resolution or fails to comply with any of its requirements shall, upon
adjudication therefore, be fined as prescribed by Tennessee statutes, and
in addition, shall pay all costs and expenses involved in the case. Each day
such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent Hickman County, Tennessee from taking
such other lawful actions to prevent or remedy any violation.
4.070.4
Administration
A.
Designation of Resolution Administrator. The Building Commissioner is
hereby appointed as the Administrator to implement the provisions of this
Resolution.
B.
Permit Procedures. Application for a development permit shall be made
to the Administrator on forms furnished by the community prior to any
development activities. The development permit may include but is not
limited to the following: plans in duplicate drawn to scale and showing the
nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, earthen fill placement, storage of
materials or equipment, and drainage facilities. Specifically, the following
information is required:
1. Application Stage
a.
Elevation in relation to mean-sea-level of the proposed lowest floor,
including basement, of all buildings where Base Flood Elevations are
available, or to certain height above the highest adjacent grade
when applicable under Section 4.070.
b.
Elevation in relation to mean-sea-level to which any nonresidential
building will be flood proofed where Base Flood Elevations are
available, or to certain height above the highest adjacent grade
when applicable under this Resolution.
C.
A FEMA Flood proofing Certificate from a Tennessee registered
professional engineer or architect that the proposed nonresidential
flood proofed building will meet the flood proofing criteria in
Subsection 4.075, A and B.
d.
Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
2.
Construction Stage. Within AE Zones, where Base Flood Elevation
data is available, any lowest floor certification made relative to
mean-sea-level shall be prepared by or under the direct supervision
of, a Tennessee registered land surveyor and certified by same. The
Administrator shall record the elevation of the lowest floor on the
development permit. When flood proofing is utilized for a
nonresidential building, said certification shall be prepared by, or
under the direct supervision of, a Tennessee registered
professional engineer or architect and certified by same.
Within approximate A Zones, where Base Flood Elevation data is not
available, the elevation of the lowest floor shall be determined as the
measurement of the lowest floor of the building relative to the highest
adjacent grade. The Administrator shall record the elevation of the
lowest floor on the development permit. When flood proofing is utilized
for a nonresidential building, said certification shall be prepared by, or
under the direct supervision of, a Tennessee registered professional
engineer or architect and certified by same.
For all new construction and substantial improvements, the permit
holder shall provide to the Administrator an as-built certification of the
lowest floor elevation or flood proofing level upon the completion of the
lowest floor or flood proofing.
Any work undertaken prior to submission of the certification shall be at
the permit holder's risk. The Administrator shall review the above-
referenced certification data. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to further work
being allowed to proceed. Failure to submit the certification or failure to
make said corrections required hereby, shall be causing to issue a stop-
work order for the project.
C.
Duties and Responsibilities of the Administrator. Duties of the Administrator
shall include, but not be limited to, the following:
1.
Review all development permits to assure that the permit
requirements of Section 4.070 have been satisfied, and that
proposed building sites will be reasonably safe from flooding.
2.
Review proposed development to assure that all necessary permits
have been received from those governmental agencies from which
approval is required by Federal or State law, including Section 404
of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334.
3.
Notify adjacent communities and the Tennessee Department of
Economic and Community Development, Local Planning
Assistance Office, prior to any alteration or relocation of a
watercourse and submit evidence of such notification to FEMA.
4.
For any altered or relocated watercourse, submit engineering
data/analysis within six (6) months to FEMA to ensure accuracy of
community FIRM's through the Letter of Map Revision process.
5.
Assure that the flood carrying capacity within an altered or relocated
portion of any watercourse is maintained.
6.
Record the elevation, in relation to mean-sea-level or the highest
adjacent grade, where applicable, of the lowest floor (including
basement) of all new and substantially improved buildings, in
accordance with Article IV, Subsection B.
7.
Record the actual elevation, in relation to mean-sea-level or the
highest adjacent grade, where applicable to which the new and
substantially improved buildings have been flood proofed, in
accordance with Article IV, Subsection B.
8.
When flood proofing is utilized for a nonresidential structure, obtain
certification of design criteria from a Tennessee registered
professional engineer or architect, in accordance with Article IV,
Subsection B.
9.
Where interpretation is needed as to the exact location of
boundaries of the Areas of Special Flood Hazard (for example,
where there appears to be a conflict between a mapped boundary
and actual field conditions), make the necessary interpretation. Any
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
Section 4.070.
10.
When Base Flood Elevation data and floodway data have not been
provided by FEMA, obtain, review, and reasonably utilize any Base
Flood Elevation and floodway data available from a Federal, State,
or other sources, including data developed as a result of these
regulations, as criteria for requiring that new construction,
substantial improvements, or other development in Zone A, on the
Hickman County, Tennessee FIRM meet the requirements of Section
4.070.
11.
Maintain all records pertaining to the provisions of this Resolution in
the office of the Administrator and shall be open for public
inspection. Permits issued under the provisions of Section 4.070
shall be maintained in a separate file or marked for expedited
retrieval within combined files.
4.070.5. Provisions for Flood Hazard Reduction
A.
General Standards. In all areas of special flood hazard, the following
provisions are required:
1.
New construction and substantial improvements shall be anchored
to prevent flotation, collapse, and lateral movement of the structure.
2.
Manufactured homes shall be installed using methods and
practices that minimize flood damage. They must be elevated and
anchored to prevent flotation, collapse, and lateral movement.
Methods of anchoring may include, but are not limited to, use of
over-the- top or frame ties to ground anchors. This requirement is
in addition to applicable State of Tennessee and local anchoring
requirements for resisting wind forces.
3.
New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage.
4.
New construction and substantial improvements shall be constructed
by methods and practices that minimize flood damage.
5.
All electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities shall be designed and/or
located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
6.
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
7.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters.
8.
On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during
flooding.
9.
Any alteration, repair, reconstruction, or improvements to a
building that is in compliance with the provisions of Section 4.070,
shall meet the requirements of "new construction" as contained in
Section 4.070.
10.
Any alteration, repair, reconstruction or improvements to a building
that is not in compliance with the provision of Section 4.070, shall be
undertaken only if said non- conformity is not further extended or
replaced.
11.
All new construction and substantial improvement proposals shall
provide copies of all necessary Federal and State permits, including
Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334;
12.
All subdivision proposals and other proposed new development
proposals shall meet the standards of Article V, Subsection B;
13.
When proposed new construction and substantial improvements
are partially located in an area of special flood hazard, the entire
structure shall meet the standards for new construction.
14.
When proposed new construction and substantial improvements
are located in multiple flood hazard risk zones or in a flood hazard
risk zone with multiple Base Flood Elevations, the entire structure
shall meet the standards for the most hazardous flood hazard risk
zone and the highest Base Flood Elevation.
B.
Specific Standards. In all Areas of Special Flood Hazard, the following
provisions, in addition to those set forth in Subsection 4.075, A, are
required:
1.
Residential Structures. In AE Zones where, Base Flood Elevation
data is available, new construction and substantial improvement of
any residential building (or manufactured home) shall have the
lowest floor, including basement, elevated to no lower than one (1)
foot above the Base Flood Elevation. Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to
facilitate equalization of flood hydrostatic forces on both sides of
exterior walls shall be provided in accordance with the standards of
this Section: "Enclosures".
Within approximate A Zones where Base Flood Elevations have not
been established and where alternative data is not available, the
administrator shall require the lowest floor of a building to be
elevated to a level of at least three (3) feet above the highest adjacent
grade (as defined in Section 4.072). Should solid foundation
perimeter walls be used to elevate a structure, openings sufficient to
facilitate equalization of flood hydrostatic forces on both sides of
exterior walls shall be provided in accordance with the standards of
this Section: "Enclosures."
2.
Nonresidential Structures. In AE Zones, where Base Flood Elevation
data is available, new construction and substantial improvement of
any commercial, industrial, or nonresidential building, shall have
the lowest floor, including basement, elevated or flood proofed to
no lower than one (1) foot above the level of the Base Flood
Elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate equalization of
flood hydrostatic forces on both sides of exterior walls shall be
provided in accordance with the standards of this Section:
"Enclosures."
In approximate A Zones, where Base Flood Elevations have not
been established and where alternative data is not available, new
construction and substantial improvement of any commercial,
industrial, or nonresidential building, shall have the lowest floor,
including basement, elevated or flood proofed to no lower than
three (3) feet above the highest adjacent grade (as defined in
Subsection 4.072). Should solid foundation perimeter walls be used
to elevate a structure, openings sufficient to facilitate equalization
of flood hydrostatic forces on both sides of exterior walls shall be
provided in accordance with the standards of this Section:
"Enclosures".
Nonresidential buildings located in all A Zones may be flood
proofed, in lieu of being elevated, provided that all areas of the
building below the required elevation are watertight, with walls
substantially impermeable to the passage of water, and are built with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. A Tennessee
registered professional engineer or architect shall certify that the
design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall
provide such certification to the Administrator as set forth in
Subsection 4.074, B.
3.
Enclosures. All new construction and substantial improvements that
include fully enclosed areas formed by foundation and other
exterior walls below the lowest floor that are subject to flooding,
shall be designed to preclude finished living space and designed to
allow for the entry and exit of flood waters to automatically equalize
hydrostatic flood forces on exterior walls.
A. Designs for complying with this requirement must either be
certified by a Tennessee professional engineer or architect or
meet or exceed the following minimum criteria.
1. Provide a minimum of two (2) openings having a total net
area of not less than one (1) square inch for every square foot
of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one (1)
foot above the finished grade;
3. Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
B. The enclosed area shall be the minimum necessary to allow for
parking of vehicles, storage or building access.
C. The interior portion of such enclosed area shall not be finished
or partitioned into separate rooms in such a way as to impede the
movement of floodwaters and all such partitions shall comply with
the provisions of Subsection 4.075, B.
4.
Standards for Manufactured Homes and Recreational Vehicles
A. All manufactured homes placed, or substantially improved,
on: (1) individual lots or parcels, (2) in expansions to existing
manufactured home parks or subdivisions, or (3) in new or
substantially improved manufactured home parks or
subdivisions, must meet all the requirements of new
construction.
B. All manufactured homes placed or substantially improved in an
existing manufactured home park or subdivision must be
elevated so that either:
1. In AE Zones, with Base Flood Elevations, the lowest floor of
the manufactured home is elevated on a permanent
foundation to no lower than one (1) foot above the level of the
Base Flood Elevation or
2. In approximate A Zones, without Base Flood Elevations, the
manufactured home chassis is elevated and supported by
reinforced piers (or other foundation elements of at least
equivalent strength) that are at least three (3) feet in height
above the highest adjacent grade (as defined in Subsection
4.072).
C. Any manufactured home, which has incurred "substantial
damage" as the result of a flood, must meet the standards of
Subsection 4.075, A and B.
D. All manufactured homes must be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse, and lateral movement.
E. All recreational vehicles placed in an identified Special Flood
Hazard Area must either:
1. Be on the site for fewer than one hundred-eighty (180)
consecutive days.
2. Be fully licensed and ready for highway use (a recreational
vehicle is ready for highway use if it is licensed, on its wheels
or jacking system, attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached structures or additions), or;
3. The recreational vehicle must meet all the requirements for
new construction.
5.
Standards for Subdivisions and Other Proposed New Development
Proposals.
Subdivisions and other proposed new developments, including
manufactured home parks, shall be reviewed to determine whether
such proposals will be reasonably safe from flooding.
A. All subdivision and other proposed new development proposals
shall be consistent with the need to minimize flood damage.
B. All subdivision and other proposed new development proposals
shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize
or eliminate flood damage.
C. All subdivision and other proposed new development proposals
shall have adequate drainage provided to reduce exposure to
flood hazards.
D. In all approximate A Zones require that all new subdivision
proposals and other proposed developments (including proposals
for manufactured home parks and subdivisions) greater than fifty
(50) lots or five (5) acres, whichever is the lesser, include within
such proposals Base Flood Elevation data (See Subsection
4.075, E).
C.
Standards for Special Flood Hazard Areas with Established Base Flood
Elevations and with Floodways Designated.
Located within the Special Flood Hazard Areas established in Subsection
4.072, B, are areas designated as floodways. A floodway may be an
extremely hazardous area due to the velocity of floodwaters, debris, or
erosion potential. In addition, the area must remain free of encroachment in
order to allow for the discharge of the base flood without increased flood
heights and velocities. Therefore, the following provisions shall apply:
1. Encroachments are prohibited, including earthen fill material, new
construction, substantial improvements, or other development within
the regulatory floodway. Development may be permitted however,
provided it is demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practices
that the cumulative effect of the proposed encroachments or new
development shall not result in any increase in the water surface elevation
of the Base Flood Elevation, velocities, or floodway widths during the
occurrence of a base flood discharge at any point within the community.
A Tennessee registered Professional Engineer must provide supporting
technical data, using the same methodologies as in the effective Flood
Insurance Study for Hickman County, Tennessee, and certification,
thereof.
2. New construction and substantial improvements of buildings, where
permitted, shall comply with all applicable flood hazard reduction
provisions of Subsection 4.075, A and B.
D.
Standards for Areas of Special Flood Hazard Zones AE with Established Base
Flood Elevations but Without Floodways Designated.
Located within the Special Flood Hazard Areas established in Subsection
4.073, B, where streams exist with base flood data provided but where no
floodways have been designated (Zones AE), the following provisions apply:
1. No encroachments, including fill material, new construction and
substantial improvements shall be located within areas of special flood
hazard, unless certification by a Tennessee registered professional
engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation
of the base flood more than one (1) foot at any point within the
community. The engineering certification should be supported by
technical data that conforms to standard hydraulic engineering
principles.
2. New construction and substantial improvements of buildings, where
permitted, shall comply with all applicable flood hazard reduction
provisions of Subsection 4.075, A and B.
E.
Standards for Streams without Established Base Flood Elevations and
Floodways (A Zones)
Located within the Special Flood Hazard Areas established in Article III,
Subsection B, where streams exist, but no base flood data has been
provided and where a Floodway has not been delineated, the following
provisions shall apply:
1. The Administrator shall obtain, review, and reasonably utilize any Base
Flood Elevation and floodway data available from any Federal, State, or
other sources, including data developed as a result of these regulations
(see 2, below), as criteria for requiring that new construction, substantial
improvements, or other development in approximate A Zones meet
the requirements of Article V, Subsections A and B.
2. Require that all new subdivision proposals and other proposed
developments (including proposals for manufactured home parks and
subdivisions) greater than fifty (50) lots or five (5) acres, whichever is
the lesser, include within such proposals Base Flood Elevation data.
3. Within approximate A Zones, where Base Flood Elevations have not
been established and where such data is not available from other
sources, require the lowest floor of a building to be elevated or flood
proofed to a level of at least three (3) feet above the highest adjacent
grade (as defined in Section 4.072). All applicable data including
elevations or flood proofing certifications shall be recorded as set forth
in Article IV, Subsection B. Openings sufficient to facilitate automatic
equalization of hydrostatic flood forces on exterior walls shall be
provided in accordance with the standards of Article V, Subsection B.
4. Within approximate A Zones, where Base Flood Elevations have not
been established and where such data is not available from other
sources, no encroachments, including structures or fill material, shall be
located within an area equal to the width of the stream or twenty (20)
feet, whichever is greater, measured from the top of the stream bank,
unless certification by a Tennessee registered professional engineer is
provided demonstrating that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one (1) foot at any point within Hickman County,
Tennessee. The engineering certification should be supported by
technical data that conforms to standard hydraulic engineering
principles.
5. New construction and substantial improvements of buildings, where
permitted, shall comply with all applicable flood hazard reduction
provisions of Article V, Subsections A and B. Within approximate A Zones,
require that those Subsections of Article V, Subsection B, dealing with
the alteration or relocation of a watercourse, assuring watercourse
carrying capacities are maintained and manufactured homes provisions
are complied with as required.
F.
Standards for Areas of Shallow Flooding (AO and AH Zones)
Located within the Special Flood Hazard Areas established in Article m,
Subsection B, are areas designated as shallow flooding areas. These areas
have special flood hazards associated with base flood depths of one to
three feet (1' - 3') where a clearly defined channel does not exist and where
the path of flooding is unpredictable and indeterminate; therefore, the
following provisions, in addition to those set forth in Subsection 4.075, A
and B, apply:
1. All new construction and substantial improvements of residential and
nonresidential buildings shall have the lowest floor, including basement,
elevated to at least one (1) foot above as many feet as the depth
number specified on the FIRM's, in feet, above the highest adjacent
grade. If no flood depth number is specified on the FIRM, the lowest
floor, including basement, shall be elevated to at least three (3) feet
above the highest adjacent grade. Openings sufficient to facilitate
automatic equalization of hydrostatic flood forces on exterior walls shall be
provided in accordance with standards of Subsection 4.055, B.
2. All new construction and substantial improvements of nonresidential
buildings may be flood proofed in lieu of elevation. The structure
together with attendant utility and sanitary facilities must be flood
proofed and designed watertight to be completely flood proofed to at
least one (1) foot above the flood depth number specified on the FIRM,
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. If no depth
number is specified on the FIRM, the structure shall be flood proofed to
at least three (3) feet above the highest adjacent grade. A Tennessee
registered professional engineer or architect shall certify that the
design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this Resolution and
shall provide such certification to the Administrator as set forth above
and as required in accordance with Subsection 4.074, B.
3. Adequate drainage paths shall be provided around slopes to guide
floodwaters around and away from proposed structures.
G.
Standards for Areas Protected by Flood Protection System (A-99 Zones)
Located within the Areas of Special Flood Hazard established in Subsection
4.053, B, are areas of the 100-year floodplain protected by a flood
protection system but where Base Flood Elevations have not been
determined. Within these areas (A-99 Zones) all provisions of Subsections
4.074 and 4.075, shall apply.
H.
Standards for Unmapped Streams
Located within Hickman County, Tennessee, are unmapped streams
where areas of special flood hazard are neither indicated nor identified.
Adjacent to such streams, the following provisions shall apply:
1. No encroachments including fill material or other development
including structures shall be located within an area of at least equal to
twice the width of the stream, measured from the top of each stream
bank, unless certification by a Tennessee registered professional
engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of
the base flood more than one (1) foot at any point within the locality.
2. When a new flood hazard risk zone, and Base Flood Elevation and
floodway data is available, new construction and substantial
improvements shall meet the standards established in accordance with
Subsections 4.074 and 4.075.
4.070.6
Variance Procedures
I.
Regional Board of Zoning Appeals
1. Authority. The Hickman County, Tennessee Regional Board of Zoning
Appeals shall hear and decide appeals and requests for variances from
the requirements of Section 4.070.
2. Procedure. Meetings of the Regional Board of Zoning Appeals shall be
held at such times, as the Board shall determine. All meetings of the
Regional Board of Zoning Appeals shall be open to the public. The
Regional Board of Zoning Appeals shall adopt rules of procedure and
shall keep records of applications and actions thereof, which shall be a
public record. Compensation of the members of the Regional Board of
Zoning Appeals shall be set by the Legislative Body.
3. Appeals: How Taken. An appeal to the Regional Board of Zoning Appeals
may be taken by any person, firm or corporation aggrieved or by any
governmental officer, department, or bureau affected by any decision
of the Administrator based in whole or in part upon the provisions of
Section 4.070. Such appeal shall be taken by filing with the Regional
Board of Zoning Appeals a notice of appeal, specifying the grounds
thereof. In all cases where an appeal is made by a property owner or
other interested party, a fee of $100 (One hundred dollars) for the cost
of publishing a notice of such hearings shall be paid by the appellant.
The Administrator shall transmit to the Regional Board of Zoning
Appeals all papers constituting the record upon which the appeal
action was taken. The Regional Board of Zoning Appeals shall fix a
reasonable time for the hearing of the appeal, give public notice
thereof, as well as due notice to parties in interest and decide the
same within a reasonable time which shall not be more than 30 (thirty)
days from the date of the hearing. At the hearing, any person or party
may appear and be heard in person or by agent or by attorney.
4. Powers. The Regional Board of Zoning Appeals shall have the following
powers:
A. Administrative Review. To hear and decide appeals where it is alleged
by the applicant that there is error in any order, requirement, permit,
decision, determination, or refusal made by the Administrator or other
administrative official in carrying out or enforcement of any provisions
of this Resolution.
B. Variance Procedures.
I.
In the case of a request for a variance the following shall apply:
1. The Hickman County, Tennessee Regional Board of Zoning
Appeals shall hear and decide appeals and requests for
variances from the requirements of Section 4.070.
2. Variances may be issued for the repair or rehabilitation of
historic structures as defined, herein, upon a determination
that the proposed repair or rehabilitation will not preclude
the structure's continued designation as a historic structure
and the variance is the minimum necessary deviation from
the requirements of Section 4.070 to preserve the historic
character and design of the structure.
3. In passing upon such applications, the Regional Board of
Zoning Appeals shall consider all technical evaluations, all
relevant factors, all standards specified in other Sections of
Section 4.070, and:
a) The danger that materials may be swept onto other
property to the injury of others;
b) The danger to life and property due to flooding or
erosion;
c) The susceptibility of the proposed facility and its
contents to flood damage;
d) The importance of the services provided by the
proposed facility to the community;
e) The necessity of the facility to a waterfront location, in
the case of a functionally dependent use;
f) The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
g) The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
h) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
i) The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site;
j) The costs of providing governmental services during
and after flood conditions including maintenance and
repair of public utilities and facilities such as sewer,
gas, electrical, water systems, and streets and
bridges.
4. Upon consideration of the factors listed above, and the
purposes of Section 4.070, the Regional Board of Zoning
Appeals may attach such conditions to the granting of
variances, as it deems necessary to effectuate the purposes of
Section 4.070.
5. Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
II.
Conditions for Variances
1. Variances shall be issued upon a determination that the
variance is the minimum relief necessary, considering the
flood hazard and the factors listed in Subsection 4.070, A.
2. Variances shall only be issued upon: a showing of good
and sufficient cause, a determination that failure to grant the
variance would result in exceptional hardship; or a
determination that the granting of a variance will not result
in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisance, cause
fraud on or victimization of the public, or conflict with existing
local laws or Resolutions.
3. Any applicant to whom a variance is granted shall be given
written notice that the issuance of a variance to construct a
structure below the Base Flood Elevation will result in
increased premium rates for flood insurance (as high as $25
for $100) coverage, and that such construction below the
Base Flood Elevation increases risks to life and property.
4. The Administrator shall maintain the records of all appeal
actions and report any variances to FEMA upon request.
4.070.7
Legal Status Provisions
A. Conflict with Other Resolutions. In case of conflict between Section 4.070 or
any part thereof, and the whole or part of any existing or future Resolution of
Hick man County, Tennessee, the most restrictive shall in all cases apply.
B. Severability. If any Section, clause, provision, or portion of Section 4.070
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, such holding shall not affect any other Section, clause, provision,
or portion of Section 4.070 which is not of itself invalid or unconstitutional.
C. Effective Date. This Section 4.070 shall become effective immediately after its
passage, by Hickman County, Tennessee, the public welfare demanding it.
(June 23, 2009).
ARTICLE V
EXCEPTIONS AND MODIFICATIONS
SECTION
5.010
Scope
5.020
Nonconforming uses
5.030
Exceptions to height limitations
5.040
Lots of record
5.050
Exception to front setback requirements
5.060
RESERVED
5.070
Agricultural use of land
5.010. SCOPE. Article VII is devoted to providing for necessary exceptions and
modifications to the specific zoning district provisions and the supplementary
provisions provided in Article III and Article IV.
5.020. NONCONFORMING USES. It is recognized that the elimination, as
expeditiously as is reasonable, of the existing buildings and structures or uses that
are not in conformity with the provisions of this resolution is as much a subject of
health, safety, and welfare as is the prevention of the establishment of new uses
that will violate the provisions hereof. It is the intent to so administer the
elimination of nonconforming uses, buildings, and structures as to avoid an
unreasonable invasion of established private property rights. Lawful nonconforming
uses, buildings, and structures existing at the time of passage or amendment hereto
shall be allowed to remain subject to the following provisions.
A.
An existing nonconforming use of a building may be changed to a
conforming use or to another nonconforming use of the same or higher
classification provided, however, that establishment of another
nonconforming use of the same or higher classification shall be subject to
the written approval of the Board of Zoning Appeals and subject to such
conditions as the Board of Zoning Appeals may require in order to protect
the area.
B.
A nonconforming use of land shall be restricted to the tract of land occupied
by such use as of the effective date hereof or the applicable amendments
hereto. A nonconforming use of a building or buildings shall not be enlarged
to additional land.
C.
When a commercial or industrial nonconforming use of any structure or
land has been discontinued for a period of thirty (30) months, it shall not be
reestablished or changed to any use not in conformity with the provisions
of this resolution. When any residential (including singe wide manufactured
mobile homes) nonconforming use of any structure of land has been
discontinued for at least (12) months, it shall not be reestablished or
changed to any use not in conformity with the provisions of this resolution.
(Amended by Board of County Commissioners on March 28, 2016)
D.
Any nonconforming building or nonconforming use which is damaged by
fire, flood, wind, or other act of God may be reconstructed and used as
before if application for reconstruction is filed within thirty (30) months of
such damage. (Amended by Resolution 12-12, April 23, 2012)
E.
A nonconforming building or building housing a nonconforming use shall
not be structurally altered except in conformance with the provisions of this
resolution. These provisions shall not be construed to prevent normal
maintenance and repairs, or alterations required for structural safety.
F.
Except as provided above, no nonconforming use shall be eliminated by
condemnation proceedings in order to bring about conformance
herewith.
5.030.
EXCEPTIONS TO HEIGHT LIMITATIONS. The height limitations shall
not apply to church spires, belfries, cupolas, and domes not intended for human
occupancy, monuments, water towers, transmission towers, windmills, chimneys,
smokestacks, conveyors, flag poles, radio towers, masts, silos and aerials.
5.040.
LOTS OF RECORD. The following provisions shall apply to all existing
lots of record.
A.
Where the owner of a lot consisting of one or more adjacent lots of official
record at the time of the adoption of this resolution does not own sufficient
land to enable him to conform to the yard or other requirements of this
resolution, an application may be submitted to the Board of Zoning Appeals
for a variance from the terms hereof. Such lot may be used as a building site,
provided, however, that the yard and other requirements of the district are
complied with as closely as possible in the opinion of the Board of Zoning
Appeals.
B.
No lot which is now or hereafter built upon shall be so reduced in area that
the yards and open space will be smaller than prescribed herein, and no
yard, court, or open space provided around any building for the purpose
of complying with the provisions hereof, shall again be considered as a yard,
court, or other open space for another building.
C.
Where two or more lots of record with a continuous frontage are under
the same ownership, or where a substandard lot of record has continuous
frontage with a larger tract under the same ownership, such lots shall be
combined to form one or more building sites meeting the minimum
requirements of the district in which they are located.
5.050.
EXCEPTIONS TO SETBACK REQUIREMENTS. The front setback
requirement for dwellings shall not apply to any lot where the average depth of
existing setbacks on the developed lots located within one hundred (100) feet on
each side of such lot is less than the minimum required front yard depth. In such
cases, the front yard setback may be less than required but not less than the average
of the existing depth for front yards on developed lots within one hundred (100)
feet on each side of the lot. In residential districts, however, the setback shall in no
case be less than fifteen (15) feet from the street right-of-way line.
5.060.
RESERVED.
5.070.
AGRICULTURAL USE OF LAND.
This Resolution shall not be construed as authorizing the requirement of building
permits, nor providing for any regulations of the erection, construction, or
reconstruction of any building or other structure on lands now devoted to
agricultural uses, or which my hereafter be used for agricultural purposes, except
on agricultural lands adjacent to or in proximity to state and/or federal highways,
public airports, or public parks, provided, however, such building or structure is
incidental to the agricultural enterprise. This Resolution shall not be constructed
as limiting or affecting in any way, or controlling, the agricultural uses of land.
ARTICLE VI
DEFINITIONS
SECTION
6.010
Scope
6.020.
Definitions
6.030
Use Classification System (Added by Resolution 18-06, February 27, 2018)
6.010.
Scope. In order to carry out the provisions and intentions as set forth
herein, certain words, terms, and phrases are to be used and interpreted as follows:
A.
The word "person" Includes a firm, association, organization, partnership,
trust, company, or corporation as well as an individual.
B.
The present tense Includes the future tense, the singular number Includes
the plural, and the plural number Includes the singular.
C.
The word "shall" is mandatory.
D.
The word "may" is permissive.
E.
The words "used" or "occupied" Includes the words "intended",
"designed", or "arranged to be used" or "occupied".
F.
The word "lot" Includes the words "plot" or "parcel."
6.020.
Definitions. The following words, terms, and phrases are hereby defined
as follows and shall be interpreted as such throughout this resolution. Terms not
herein defined shall have their standard dictionary definition and "A Planners
Dictionary" Planning Advisory Service Report Number 5xx/5xx published by the
American Planning Association, April 2004, or such as the context may imply.
ACCESS: The right to cross between public and private property, thereby
permitting pedestrians and vehicles to enter and leave property.
ACCESSORY BUILDING OR STRUCTURE: A subordinate building, the use of which is
incidental to that of a principal building and located on the same lot therewith.
ACCESSORY USE: A use customarily incidental, appropriate, and subordinate to the
principal use of land or buildings and located upon the same lot therewith.
ADVERTISING: Includes any writing, printing, painting, display, emblem, drawing,
sign, or other device designed used or intended for advertising, whether placed on
the ground, rocks, trees, tree stumps, or other natural structures or on buildings,
structures, milestones, signboards, wallboard, roof board, frames, supports, fences
or other man-made structure, and any such advertising is a structure within the
meaning of the word "structure" as utilized in this resolution.
ADVERTISING SIGN OR STRUCTURE: See Sign.
AGRICULTURE USE:
(1) The land, buildings and machinery used in the commercial production of
farm products and nursery stock;
(2) The activity carried on in connection with the commercial production of
farm products and nursery stock; and
(3)
Recreational and educational activities on land used for the commercial
production of farm products and nursery stock.
(4)
As used in this definition of agriculture, the term "farm products" mean forage
and sod crops; grains and feed crops; dairy and dairy products; poultry and
poultry products; livestock, including breeding and grazing; fruits; vegetables;
flowers; seeds; grasses; forestry products; fish and other aquatic animals used
for food; bees; equine; and all other plants and animals that produce food,
fee, fiber, or fur.
(5)
As used in this definition of agriculture, the term "nursery stock" means all trees,
shrubs, or other plants, or parts of such trees, shrubs, or other plants, grown
or kept for, or capable of, propagation, distribution, or sale on a commercial
basis.
(6)
This includes all forms of agriculture, growing of crops in the open, dairying,
grazing, the raising and maintaining of poultry and other livestock, horticulture,
viticulture, floriculture, forests, and woods, provided that all appropriate laws
and regulations are complied with.
AGRICULTURAL ACCESSORY USE: Those structures or equipment which are
normally required in the operation of agricultural uses.
ALLEY: A minor right-of-way, dedicated to public use, which affords a secondary
means of vehicular access to the back or side of properties otherwise abutting a
street, and which may be used for public utility and public service purposes.
ALTERATION: As applied to a building or structure, means a change or
rearrangement in the structural parts, or an enlargement, whether by extending a side
or by increasing its height or structural changes, other than repairs, that would affect
safety. The term "alter" in its various modes and tenses and its practical forms, refers
to the making of an alteration.
AREA, BUILDING: The total areas taken on a horizontal plane at the main grade level
of the principal building and all necessary buildings exclusive of uncovered porches,
terraces, and steps.
ATTACHED: An enclosure having continuing walls, roof and floor.
AUTOMOBILE WRECKING: The dismantling, storage, sale or dumping of used
motor vehicles, trailers, or parts thereof and with no intent to return to operative
condition.
AUTOMOBILE WRECKING, JUNK, AND SALVAGE YARDS: Any lot or place which is
exposed to weather and upon which more than five motor vehicles of any kind,
incapable of being operated, and which it would not be economically feasible to make
operative are placed, located, or found.
AVERAGE GROUND ELEVATION: The elevation of the mean finished grade at the
front of a structure.
BASEMENT: A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story when more than one-half (1/2)
of its height is above the average ground elevation or when subdivided and used for
commercial activities.
BOARD: The Hickman County, Tennessee Board of Zoning Appeals.
BREWERY: The manufacture of beer, ale, or other malt beverage or other beverages
having an alcohol content of not more than eight (8%) by weight (ABW). (TCA 57-5-
101) (Added by Resolution #21-38)
BUFFER STRIP: A greenbelt planted strip not less than ten (10) feet in width. Such
a greenbelt shall be composed of one (1) row of evergreen trees, spaced not more
than forty (40) feet apart and not less than two (2) rows of shrubs or hedges, spaced not
more than five (5) feet apart and which grow to a height of five (5) feet or more after
one (1) full growing season and which shrubs will eventually grow to not less than ten
(10) feet.
BUILDING: Any structure having a roof supported by columns or by walls, including
tents (not used for camping only), lunch wagons, dining cars, mobile homes, or
trailers (used as a dwelling or for commercial purposes), and similar structures
whether stationary or movable.
BUILDING AREA OF A LOT: That portion of a lot bounded by the required rear yard,
side yards, and the building setback line.
BUILDING COMMISSIONER: The zoning compliance official or his authorized
representative appointed by the Hickman County Commission.
BUILDING, MAIN OR PRINCIPAL: A building in which is conducted the principal use
of the lot on which it is situated. In any residential district any dwelling shall be
deemed to be a main building on the lot on which it is situated.
BUILDING SETBACK LINE: A line delineating the minimum allowable distance
between the property line and a building on a lot, within which no building or other
structure shall be placed except as otherwise provided.
BUILDING SETBACK LINE, FRONT: A line delineating the minimum allowable
distance between the street right-of-way, or if an official future street right-of-way has
been established, from that future street right-of-way line, and the front of a building
on a lot. The front building setback line extends the full width of the lot and is parallel
to the street right-of-way.
BUILDING SETBACK LINE, REAR: A line delineating the minimum allowable
distance between the rear property line and a building on a lot (other than for
permitted accessory structures). The rear setback line extends the full width of the
lot.
BUILDING SETBACK LINE, SIDE: A line delineating the minimum distance between
the side property line and a building on a lot. The side setback line extends from the
front building setback line to the rear building setback line.
CAMPING GROUND: A parcel of land used or intended to be used, let, or rented
for occupancy by campers or for occupancy by camping trailers, tents, or movable or
temporary dwellings, rooms, or sleeping quarters of any kind.
CEMETERY: Any land or structure dedicated to and used, or intended to be used,
for interment of human remains. Cemetery refers to all types of cemeteries, public
or private, except family burial grounds.
CERTIFICATE OF OCCUPANCY: A written statement or certificate issued by the
Building Commissioner indicating that the land, structure, or part thereof is found
to be in conformity with the provisions of this resolution.
CLINIC: See Medical Facility.
CONDITIONAL USE (SPECIAL EXCEPTION): A conditional use is a use that would
not be appropriate generally or without restriction throughout the zoning district
but which, if controlled as to number, area, location, or relation to the
neighborhood, would promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity, or general welfare. Such uses may be
permitted in such zoning district as conditional uses, only when specific provisions
for such use is made in this Resolution. For the purposes of administration of this
resolution, conditional uses shall be construed as synonymous with special
exceptions, as controlled by Section 13-7-107, Tennessee Code Annotated.
CONVENIENCE SALES: The retail sale of small convenience items such as
toiletries, tobacco, and magazines. The dispensing of petroleum products may be
included as accessory to convenience food products retailing.
CONVENIENCE SERVICES: Services which are typically needed frequently or
recurrently, such as barber and beauty care; and includes the operation of self-
service laundromats but excludes other apparel, cleaning, and repair services.
COVERAGE: The percentage of a lot which is covered by all buildings located
therein, including the area covered by all overhanging roofs.
COUNTRY CLUB: A chartered, nonprofit membership club, with facilities catering
primarily to its membership or social amenities: golf, riding, club house, pool, dining
facilities, lounge.
DAY CARE HOME OR CENTER: Any place, home, or institution, which receives five
(5) or more unrelated young children for general care, exercise, play, or observation.
DEVELOPMENT: Any manmade change to improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavating, or drilling operations. Agricultural activities such as
plowing or cultivating and gardening activities are not included in this definition of
development.
DEVELOPMENT PERMIT: Defined as a permit issued by the Building Commissioner
for a proposed use of land or structure, or the alteration of land or a structure, or
the location or erection of a structure after having been found to be in conformity
with the provisions of the Zoning Resolution of Hickman County, Tennessee.
DISTILLERY: Any place or premises wherein liquors (Alcohol by Weight of 8% or
greater) are manufactured for sale on or off premise (Added by Resolution #21-38)
DISTRICT: Any section or sections of the area lying within Hickman County, Tennessee,
for which the resolution governing the use, density, bulk, height, and coverage of
buildings and other structures are in force.
DWELLING: A building or part thereof used as a habitation under one of the
following categories:
1)
Single detached dwelling means a building and accessories thereto
principally used, designed, or adapted for use by a single household.
2)
Duplex dwelling means a building and accessories thereto principally used,
designed, or adapted for use by two (2) households, the living quarters of
each of which are completely separate.
3)
Apartment dwelling means a building and accessories thereto principally
used, designed, or adapted for use as occupancy by three (3) or more
households each of which has separate living quarters.
4)
Rooming house or boarding house means a building and accessories thereto
principally used, designed, or adapted to provide living accommodations for
not more than six (6) occupants.
5)
Multi-family means an occupancy by three (3) or more households each of
which has separate living quarters.
6)
Prefabricated dwelling means a detached dwelling constructed primarily off-
site, designed to be transported on a flat-bed truck or trailer, provided that it is
installed on a permanently enclosed concrete or masonry foundation, with
sewer and water connections designed for permanent connection to municipal
and/or sanitary or on-site systems, and such structures are distinguished from
mobile homes as described elsewhere in this resolution when they have no
horizontal exterior dimensions of less than 15 feet not including porches or
carports. When such a structure meets the above stated requirements, it shall
qualify as a single detached dwelling.
7)
Mobile home or trailer means a transportable structure built on a permanent
chassis, designed for year-round occupancy, and designed to be used with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, and electrical systems contained therein.
Recreational vehicles and travel trailers are not included in this definition of
mobile homes.
EGG PRODUCTION HOUSES: Any place or premises where chickens are kept for
the production of eggs for resale to processors, wholesalers or retailers.
FAMILY: One or more persons occupying the premises and living as a single
nonprofit housekeeping unit as distinguished from a group occupying a boarding or
similar dwelling for group use.
FAMILY BURIAL GROUNDS: A zoned lot in private ownership which may contain one
or more sites used or intended to be used, for interment of human remains, for the
benefit of the owners of the lot or their immediate family members.
FEED LOT: Business of feeding or fattening livestock for slaughter in a facility
designed or used to feed or fatten more than two hundred (200) head of cattle or one
thousand (1,000) head of swine within one year of time.
FLOOR AREA: The sum of the gross floor area for each of the several stories under
roof, measured from the exterior limits or faces of a building or structure.
FRONTAGE: All the property on one side of a street between two intersecting
streets (crossing or terminating) measured along the line of the street, of if the street
is dead ended, then all the property abutting on one side between an intersecting
street and the dead end of the street.
GASOLINE SERVICE STATION: Any area of land, including structures thereon, that
is utilized for the retail sale of gasoline, oil, or automobile accessories, and incidental
services including facilities for lubricating, hand car washing and cleaning, or
otherwise servicing automobiles, but not including painting or major repair.
GRADE FINISHED: The completed surfaces of lawns, walks, and roads brought to
grades as shown on official plans or designs relating thereto.
GUEST HOUSE: An attached or detached residential accessory building located on
the same lot with an existing single-family dwelling that is used solely for housing
either guests or relatives of, or persons performing domestic services including
health care, for the family residing in the single-family dwelling on the lot. (Added
by Resolution 09-34, August 25, 2009)
HEALTH DEPARTMENT: The Hickman County Health Department.
HEIGHT OF BUILDING OR STRUCTURES: The vertical distance from the average
ground elevation or finished grade at the building line, whichever is the highest, to the
highest point of the building or structure.
HOME OCCUPATION: See Section 3.040.
HOSPITAL: See Medical Facilities.
JUNK - Rubbish and wasted or discarded items, including metal, wood, paper, glass,
and other objects, including junk motor vehicles. The term shall not include items held
for sale in a business establishment which holds a valid Tennessee Business License.
JUNK MOTOR VEHICLE: Any automobile, motor vehicle or the metal scraps and
remains of the foregoing items, which are incapable of being operated and which
it would not be economically practical to make operative and which are not fully
placed or located within and fully surrounded by a substantial and durable building.
The term shall not include items on the premises or establishment constituting
automobile graveyards within the meaning of Tennessee Code, Section 54-20-
201, et. seq., or establishments having facilities for processing scrap metal.
JUNK YARD OR SALVAGE YARD: A lot, land or structure, or part thereof, used
primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, or
discarded material; or for the collecting, dismantling, storage and salvaging of
machinery or vehicles not in running conditions for the sale of parts thereof.
LIGHT INDUSTRY: Is defined, for the purpose of this resolution, on the basis of
performance in terms of absence of objectionable noise, smoke, odor, dust, dirt,
noxious gases, glare and heat; and of the creation of hazards to health and life by
reason of fire, effects of industrial wastes, psychological effects and generation of
motor vehicle traffic.
LIVESTOCK: Cattle, sheep, swine, poultry and other animals or fowl which are
being produced primarily for use as food or food products for human consumption.
LOADING SPACE: An area ten (10) feet by fifty (50) feet with a fourteen (14) foot
height clearance providing for the standing, loading, or unloading of a truck or other
vehicle. All such spaces are designed so as to not require trucks and other vehicles to
back onto public streets.
LOT: A piece, plot, or parcel of land in one ownership, which may include one or more
lots of record, occupied or to be occupied by one or more principal buildings, or not
more than three principal dwellings in Agricultural areas as provided in Section 2.020
of these regulations, and their accessory buildings, including the open spaces
required under this resolution.
LOT, AREA: The total surface land area included within lot lines.
LOT, CORNER: A lot of which at least two adjoining sides abut their full lengths on a
street.
LOT, DEPTH: The average distance from the street line of the lot to its rear line,
measured in the general direction of the side lines of the lot.
LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street,
excluding the side dimension of a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The boundary dividing a given lot from the street, an alley or adjacent lots.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the
county register of deeds, or a lot described by metes and bounds, the description
of which has been recorded in the office of the County Register of Deeds prior to the
effective date of this Zoning Resolution.
LOT WIDTH: The width of a lot at the building setback line measured at right angles
to its depth.
MARINA: A facility for the docking and servicing of boats.
MEDICAL FACILITIES:
1) Convalescent, Rest or Nursing Home: a health facility where persons are housed
and furnished with meals and continuing nursing care for compensation or fee.
2) Dental Clinic or Medical Clinic: A facility for the examination and treatment of ill and
afflicted human out-patients, provided, however, that patients are not kept
overnight except under emergency conditions.
3) Hospital: An institution providing health services primarily for human in-patient
medical care for sick or injured and including related facilities such as laboratories,
out- patient facilities, emergency medical services, and staff offices which are an
integral part of the facility.
4) Public Health Center: A facility utilized by a health unit for the provision of public
health services.
MICRO-DISTILLERY: A small or "boutique" distillery established to produce beverage
grade spirits (liquor) with an alcohol content by weight of 8% or greater. The quantity
shall not exceed 50,000 gallons in a calendar year. A Federal and State of TN permit
and/or license shall be required to be presented and filed with Hickman County Office
of Planning and Zoning (Added by Resolution #21-38).
MINIMUM FLOOR ELEVATION: The lowest elevation permissible for the
construction, erection, or other placement of any floor, including a basement floor.
MOBILE HOME PARK: A place or tract of land not subdivided upon which three (3)
or more mobile homes, occupied for dwelling or sleeping purposes, are located.
(See Section 3.080).
NONCONFORMING USE: A building, structure, or use of land existing at the time
of enactment of this resolution which does not conform to the regulations of the
district in which it is located.
NOXIOUS MATTER: Material in gaseous, liquid, or solid form which is capable of
causing injury to living organisms, chemical reactions, or detrimental effects upon the
social, economic or psychological well-being of individuals.
OPEN SPACE: An area on the same lot with a main building which is open,
unoccupied and unobstructed by structures from the ground to the sky except as
otherwise provided in this resolution.
OWNER: Includes his duly authorized agent or attorney, a purchaser, devise, fiduciary,
and a person having a vested or contingent interest in the property in question.
PARKING LOT: An off-street facility including parking spaces with adequate
provisions for drives and aisles for maneuvering and obtaining access, and for
entrance and exit.
PARKING SPACE: An off-street space available for parking one motor vehicle and
having an area of not less than two hundred (200) square feet exclusive of
passageways and driveways giving access thereto and having access to a street or
alley.
PERMANENT EASEMENT: The right granted by the owner of land to another party
by deed or prescription, to allow vehicular access across one parcel of land to another.
PLANNING COMMISSION: The Hickman County Regional Planning Commission.
PLAT: A map, plan, or layout indicating the location and boundaries of individual
properties.
PRINCIPAL STRUCTURE: A structure in which is conducted the principal use of the lot
on which it is situated. In any residential or agricultural district, any dwelling shall be
deemed the principal structure on the lot on which the same is situated. Carports
and garages if permanently attached to the principal structure shall be deemed a part
of the principal structure. Awnings, porches, patios, or similar attachments shall be
deemed a part of the principal structure in meeting any yard requirement.
PRINCIPAL USE: The specific primary purpose for which land or a building is used.
PRIVATE WASTEWATER TREATMENT: Individual subsurface sewage disposal
systems (i.e., septic tanks), package treatment plants or individual aeration systems
employed for the collection and treatment and/or disposal of wastewater, as
approved by the county health department and the State Department of Health and
Environment.
PROFESSIONAL OFFICE: The office of a physician, dentist, attorney, architect,
engineer, planner, accountant, or similar professional.
PUBLIC USES: Public parks, schools, and administrative, cultural, and service
buildings, not including public land or buildings devoted solely to storage and
maintenance of equipment and materials.
PUBLIC WASTEWATER SYSTEM: A municipal, community, or utility district sewerage
treatment and disposal system of a type approved by the Tennessee Department
of Environment and Conservation.
PUBLIC WATER: A municipal, community or utility district water treatment and
distribution system of a type approved by the Tennessee Department of
Environment and Conservation.
ROADWAY: The actual road surface including necessary road shoulders and
drainage facilities including ditches and curbs and gutters, which is used to transport
motor vehicles.
SANITARY LANDFILL: An area or site utilized by a public or private entity for disposal
of solid waste or refuse in a manner which meets the regulations imposed upon the
operation and maintenance of sanitary landfill sites by the State Department of
Environment and Conservation.
SHOPPING CENTER: A group of compatible commercial establishment, planned,
developed, and managed as a single unit, with an automobile storage area
provided on the property; the center must also be related in location, size, and type
of businesses to its' trade area.
SIGN, BILLBOARD, OR OTHER ADVERTISING DEVICE: Any structure or part
thereof or device attached thereto, or represented thereon, which shall display or
includes any letter, words, model, banner, flag, pennant, insignia, or any
representation used as, or which is in the nature of, an announcement, direction or
advertisement. The word "sign" Includes the word "billboard" or any other type of
advertising device, but does not Includes the flag, pennant, or insignia of any nation,
state, city, or other political unit.
1) Business Sign: A sign which directs attention to the business or profession
conducted on the premises.
2) Advertising Sign: A sign which directs attention to a business commodity, service
or entertainment conducted, sold, or offered elsewhere than on the premises
and only incidentally on the premises if at all.
3) Billboards: A type of advertising sign having more than one hundred (100) square
feet of display surface which is either erected on the ground or attached to or
supported by a building or structure.
4) Flashing Sign: Any illuminated sign, whether stationary, revolving, or rotating,
which exhibits changing light or color effects, provided that revolving or rotating
signs which exhibit no changing light or color effects other than those produced
by revolution or rotation, shall be deemed flashing signs only if they exhibit
sudden or marked changes in such light or color effects.
5) Ground Sign: A sign supported by a pole, uprights, or braces on the ground.
6) Illuminated Sign: A sign designed to give forth any artificial light or reflect such
light from an artificial source.
7) Indirect Illumination Sign: Any illuminated non-flashing sign whose illumination
is derived entirely from an external artificial source and is so arranged that no direct
rays of light are projected from such artificial source into residence or streets.
8) Off-Premises Sign: A sign relating to a product, service, or establishment that is not
on the premises on which the sign is located.
9) On-Premises Sign: A sign relating to a product, service, or establishment that is on
the premises on which the sign is located.
10)Pole Sign or Banjo Sign: A type of ground sign at least ten (10) feet above the
ground supported on a single post or pole most commonly associated with
gasoline service stations.
11) Wall or Flat Sign: Any sign erected parallel to the face or on the outside wall of
any building which projects out at any angle there from and projects no more than
twelve (12) inches beyond the face of such wall.
12) Roof Sign: A detached sign supported upon the roof or wall of a building.
13) Marquee Sign: A projecting sign attached to or hung from a marquee and said
marquee shall be known to mean a canopy or covered structure projecting from
and supported by a building, when such canopy or covered structure extends
beyond the building, building line, or property line.
14) Temporary Sign: Temporary signs shall include any sign, banner, pennant, valence,
or advertising display constructed of wood, metal, cloth, canvas, light fabric,
cardboard, wallboard, or other light material, with or without frames, where
either by reason of construction or purpose the sign is intended to be displayed
for a short period of time only.
SPECIAL EXCEPTION: A use which is specifically permitted if the owner can
demonstrate to the satisfaction of the Board that it will meet certain standards,
enumerated safeguards, or qualifying conditions.
STORY: That portion of a building included between the upper surface of any floor
and the upper surface of the floor next above; or any portion of a building between
the topmost floor and the roof which is used for human occupancy in which the floor
area with eight (8) feet or more head clearance equals fifty (50) percent or more of the
floor area of the next story below. Provided it is not used as a dwelling unit, a top floor
in which the floor area with eight (8) feet or more of head clearance equals less than
fifty (50) percent of the floor area of the story next below shall be a "half-story." A
basement shall be considered as a story if more than half of its height is above the
average ground level from which the "height of a building" is measured or if it is used
for commercial purposes.
STREET: A public road, highway, or thoroughfare which constitutes, or is designed
to constitute, the main access to more than one lot and which has been legally
dedicated and accepted for public use.
STRUCTURE: Any combination of materials, including buildings, constructed, or
erected, the use of which requires location on the ground or attachment to anything
having location on the ground and including among other things, signs, billboards,
and fences.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the assessed value
of the structure, either: (1) before the improvement or repair; or (2) before the damage
occurred. For the purposes of this resolution, substantial improvement is
considered to occur when the alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not this alteration affects the
external dimensions of the structure. The term does not, however, Includes, either: (1)
any project for the improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to ensure safe
living conditions; or (2) any alteration or restoration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
TOXIC MATERIALS: Materials (gaseous, liquid, solid, particulate) which are capable of
causing injury to living organisms even when present in relatively small amounts.
TRAVEL TRAILER: A vehicular, portable structure designed as a temporary dwelling for
travel, recreation, and vacation uses.
TRAVEL TRAILER PARK: A plot of land designed and equipped to accommodate travel
trailers for short periods of time.
USE: The purpose for which land or a building or other structure is designed, arranged,
or intended, or for which it is or may be occupied or maintained.
UTILITY EASEMENT: The right granted by the owner of land to allow utility facilities to
be constructed, maintained, or preserved. Utility easement shall include, but is not
limited to, easement for storm drainage, water lines, electric power lines and
pipelines.
WATERCOURSE: Any depression serving to give direction to a flow of water, having
a bed and well-defined banks, where the drainage area above the same is twenty-
five (25) acres or more in extent. The flow of water need not be on a continuous basis
but may be intermittent resulting from the surface runoff of precipitation.
WINE: The product of the normal alcoholic fermentation of the juice of fresh, sound,
ripe grapes, with the usual cellar treatment and necessary additions to correct defects
due to climatic, saccharine, and seasonal conditions, including champagne, sparkling
and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by
volume. No other product shall be called "wine" unless designated by appropriate
prefixes descriptive of the fruit or other products from which the same was
predominantly produced, or an artificial or imitation wine (Added by Resolution #21-
38).
WINERY: means and includes any place or premises wherein wines are manufactured
from any fruit or brandies distilled as the by-product of wine or other fruit or cordials
compounded, and includes a winery for the manufacture of wine. (TCA 57-3- 101)
(Added by Resolution #21-38)
YARD: An open space on the same lot with a principal building, open, unoccupied,
and unobstructed by buildings from the ground to the sky except as otherwise
provided in this resolution, provided that accessory buildings may be located in a rear
yard.
YARD FRONT: The yard extending across the entire width of the lot between the
nearest part of the principal building, including porches, and the front lot line.
YARD, REAR: The yard extending across the entire width of the lot between the nearest
part of the principal building, including porches, and the rear lot line.
YARD, SIDE: The required space unoccupied except as herein provided, measured
between the side lot line and the nearest point of the principal building and between
the front yard and the rear yard.
ZONING RESOLUTION: This zoning resolution shall be known as the official Zoning
Resolution of Hickman County.
6.030
Use Classification System. The provisions of this section shall be known
as the use classifications. The purpose of these provisions is to classify land uses into a
number of specifically defined types based on common functional characteristics and
similar compatibility with other uses, thereby with criteria, which are directly relevant to
the public interest. These provisions shall apply throughout the zoning regulations.
Where there is a question concerning the appropriate activity classification for any use
not listed herein, the Board of Zoning Appeals shall make the determination based
upon the characteristics of the unlisted use.
A.
Listing of Activity Classifications. All activities are hereby classified into the
following activity types:
1.
Residential Activities
a. Permanent
1. Dwelling, Single Detached
2. Dwelling, Duplex
3. Dwelling, Mobile Home
4. Dwelling, Multi-Family
5. Mobile Home Park
b. Semi-Permanent
1. Boarding House
2. Rooming House
2.
Community Facility Activities
a. Administrative
b. Community Assembly
C. Community Education
d. Cultural and Recreation Services
e. Essential Service
f. Extensive Care
g. Health Care
h. Intermediate Impact
i. Personal and Group Care Facilities
j. Religious Facilities
3.
Commercial Activities
a. Animal Care and Veterinarian Services
b. Automotive Parking
C. Automotive Service and Repair
d. Building Materials and Farm Equipment
e. Consumer Repair Services
f. Construction Sales and Services
g. Convenience Commercial
h. Entertainment and Amusement Services
i. Financial, Consulting, and Administrative
j. Food and Beverage Service
k. Food Service - Drive-In
I. General Business and Communication Services
m. General Personal Service
n. General Retail Trade
O. Group Assembly
p. Medical and Professional Services
q. Transient Habitation
r. Transport or Warehousing
S. Undertaking Services
t. Vehicular, Craft, and Related Equipment
u. Sales, Retail, and Delivery
V. Wholesale Sales
4.
Manufacturing Activities
a. Limited
b. Intermediate
C. Extensive
5. Agricultural, Resources Production, and Extractive Activities
a. Agricultural Services
b. Crop, Animal, and Poultry Raising
C. Mining and Quarrying
d. Commercial Feed Lots and Stockyards
B.
Accessory Uses. In addition to the principal activities expressed above, each
activity type shall be deemed to include activities customarily associated with, and
appropriate, incidental, and subordinate to the principal activity. The accessory
uses permitted are presented with the regulation section of each district as set
forth in this zoning ordinance.
C. Residential Activities
1.
Permanent Residential. The occupancy of living accommodations on a
monthly or longer basis with none of the living units under the same ownership
or management on the same zone lot being occupied on a less-than-monthly
basis. This shall not include institutional living arrangements involving the
provision of any kind of special care or forced residence such as nursing homes,
orphanages, asylums, half-way houses or prisons, except as provided by
general law of the state. The following dwelling types as defined by this
ordinance are permanent residential activities; however, only those dwelling
types as indicated by individual district regulations may be permitted therein.
a. Dwelling, Single Detached
b. Dwelling, Duplex
C. Dwelling, Mobile Home
d. Dwelling, Multi-Family (apartment, townhouse)
e. Mobile Home Park
2.
Semi-Permanent Residential. The occupancy of living accommodations
partly on a monthly or longer basis and partly for a shorter time period, but with
less than thirty (30) percent of the living units under the same ownership or
management on the same zone lot being occupied on a less-than-monthly
basis. This shall not include institutional living arrangements involving the
provision of a special kind of care or forced residence, such as nursing homes,
orphanages, asylums, half-way houses, and prisons, except as provided by
general law of the state. The following dwelling or rooming unit types as
defined by this ordinance are considered as semi-permanent residential
activities; however, only those dwelling or rooming unit types as indicated by
individual district regulations may be permitted therein.
a. Boarding House
b. Rooming House
D. Community Facility Activities
1. Administrative Services. The activities typically performed by public, utility, and
nonprofit private administrative offices. These activities would include:
a. City, County, State, and Federal Offices
b. Civil Defense Facilities
C. Court Buildings
d. Fire Department Facilities
e. Police Department Facilities
f. Post Offices
2. Community Assembly. The activities typically performed by or at institutions
and installations for various social, athletic, and recreational purposes. These
activities do not Includes facilities primarily utilized for profit. They would
include:
a. Civic, Social, Fraternal, and Philanthropic Associations
b. Private(nonprofit) Clubs, Lodges, Meeting Halls,
C. and Recreational Centers
d. Temporary Nonprofit Festivals
3. Community Education. The activities typically performed by the following
institutions:
a. Public and Private Nursery Schools
b. Kindergarten, Primary and Secondary Schools
4. Cultural and Recreational Services. The activities of a cultural or recreational
nature, which are either owned by, or operated for the use and enjoyment of,
the general public. This does not embrace such facilities which are privately
owned and operated for profit. These activities would include:
a. Art Galleries
b. Libraries
C. Museums
d. Parks, Playgrounds, and Playfields
e. Planetariums and Aquariums
f. Recreational Centers and Gymnasium
g. Swimming Pools and Beaches
h. Zoological and Botanical Gardens
5. Essential Services. Includes the maintenance and operations of the following
installations:
a. Electrical and Gas Substations
b. Electrical, Gas, Water, and Sewer Distribution and Collection Lines
C. Public Transport, Utility and Communication Towers
d. Pumping Facilities for Water and Sewer Systems
e. Rights-of-Way for Transportation Modes
f. Telephone Switching Facilities
6. Extensive Impact Facilities. The activities that have a high degree of impact
upon surrounding land uses due to their hazards or nuisance characteristics, as
well as traffic generation, parking, and land requirements and typically
performed by, or the maintenance and operation of, the following institutions
and installations:
a. Airports, Air Cargo Terminals, Heliports, or Other Aeronautical Devices
b. Correction and Detention Institutions
C. Electricity Generating Facilities and Transmission Lines
d. Garbage Incineration Plants, Including Cogeneration Facilities.
e. Sanitary Landfills
f. Major Fuel Transmission Lines and Facilities
g. Major Mail Processing Centers
h. Military Installations
i. Public and Private Utility Corporations and Truck Yards, Including
Storage Yards
j. Railroad Yards and Other Transportation Equipment Marshaling and
Storage Yards
7. Health Care Facilities. Includes the activities typically performed by the
following institutions but not including the offices, clinics, etc., of private
physicians or other healthcare professionals:
a. Centers for Observation or Rehabilitation
b. Convalescent Homes
C. Hospitals
d. Medical Clinics
8. Intermediate Impact Facilities. The activities that have a significant effect upon
surrounding land uses due to their traffic generation characteristics, parking
requirements, land requirements, or potential nuisances and typically
performed by, or the maintenance and operation of the following institutions or
installations:
a. Cemeteries, Columbarium's, and Mausoleums
b. Colleges, Junior Colleges, and Universities, but Excluding Profit-Making
Business Schools
C. Commercial Boat Docks, Marinas, and Yacht Clubs
d. Golf Courses
e. Water Storage Facilities, Water and Sewage Treatment Plants
f. Radio and TV Transmission Facilities
g. Country Clubs
9. Personal and Group Care Facilities. The activities and facilities to provide for
the care of pre-teenage children, disabled and handicapped persons needing
special care or supervision, care for the elderly and other individuals requiring
supervised care, but excluding facilities for delinquent, criminally dangerous, or
psychotic people. These activities would include:
a. Applications for Physically or Mentally Handicapped Persons
b. Day Care Centers
C. Group Homes for Physically or Mentally Handicapped Persons
d. Nursing Homes
e. Retirement or Rest Homes
f. Orphanages
10. Religious Facilities
a. Chapels
b. Churches
C. Convents or Monasteries
d. Sanctuaries
e. Synagogues
f. Temples
E. Commercial Activities
1. Animal Care and Veterinarian Services
a. Includes the provisions of animal care, treatment, and boarding services.
b. Veterinarian Clinics and Kennels
2.
Automotive Parking
a. Includes the parking and/or storage of motor vehicles but excluding junk
or scrap vehicles.
b. Auto Parking Lots
C. Parking Garages
3.
Automotive Services and Repair. Includes the sale, from the premises, of
good and the provision of services which are generally required in the
operation and maintenance of automotive vehicles and the fulfilling of
motorist needs, as well as clean-up, painting, and repair of automotive
vehicles, including body work and installation of accessories.
a. Auto Cleaning and Repair Services
b. Auto Glass Repair and Replacement Shops
C. Auto Inspection and Diagnostic Services
d. Auto Paint Shops
e. Auto Towing Services
f. Car Washes
g. Gasoline, Fuel, and Oil Sales and Service
h. Radiator and Muffler Shop
i. Tire Retreading and Repair Shops
j. Wheel Alignment and Transmission Repair Shops
4.
Building Materials and Farm Equipment. Includes the retail and wholesale
sales and storage of materials used in the construction of buildings and other
structures as well as the retail and wholesale sale and storage of implements,
equipment, feed and see used in agricultural pursuits.
a. Farm Equipment and Supplies
b. Feed Milling and Sales
C. Heating, Plumbing, and Electrical Supplies
d. Lumber and other Building Material Dealers
e. Retail Nurseries, Lawn, and Garden Supply Stores
f. Seed Storage and Sales
5.
Consumer Repair Services. Includes the servicing and repair of appliance,
furniture, and equipment generally used or owned by individuals, not
including the repair of any type of automobile.
a. Blacksmith Shops
b. Electrical Repair Shops
C. Gunsmith Shops
d. Instrument Repair Shops
e. Locksmith Shops
f. Office Equipment Cleaning and Repair
g. Re-upholstery and Furniture Repair
h. Saddlery Repair Shops
i. Watch, Clock, and Jewelry Repair
j. Lawn Mower Repair Shop
6.
Construction Sales and Services. Includes the offices, buildings, and shops of
various types of contractors as well as incidental on-site construction and
storage.
a. Builder's Hardware
b. Carpentering Contractors
C. Concrete Contractors
d. Excavation Contractors
e. General Building Contractors
f. Glazing Contractors
g. Highway and Street Construction Contractors
h. Masonry, Stonework, Tile Setting, and Plastering Contractors
i. Painting, Paper Hanging, and Decorating Services
j. Plumbing, Heating, and Electrical Contractors
k. Roofing and Sheet Metal Contractors
7.
Convenience Commercial. Includes the retail, sale, from the premises, of
groceries, drugs, and other frequently needed personal convenience items,
as well as the provision of personal convenience services which are typically
needed frequently or recurrently, provided than no establishment shall
exceed five thousand (5,000) square feet of gross floor area.
a. Barber Shops
b. Beauty Shops
C. Drug Stores
d. Fruit and Vegetable Markets
e. Grocery Stores
f. Hardware Stores (no outside storage)
g. Laundry and Dry-Cleaning Pick-up Stations
h. Liquor Stores
i. News Stands
j. Self-Service Gasoline Pumps
k. Tobacco Shops
8.
Entertainment and Amusement Services. Includes the provisions of cultural,
entertainment, educational, and athletic services, other than those classified
as Community Facility Activities, to assembled groups of spectators or
participants.
a. Art Galleries (Commercial)
b. Batting and Golf Driving Ranges
C. Bowling Alleys and Billiard Parlors
d. Coin Operated Amusement Arcades
e. Dance Halls and Studios
f. Exhibition Halls and Auditoriums
g. Recording and TV Production Services
h. Skating Rinks
i. Theaters
j. Theatrical Produces, Bands, Orchestras, and Entertainment
9.
Financial, Consulting, and Administrative Services. Includes the provision of
financial, insurance, and real estate brokerage services, as well as advice,
designs, information, or consultation of a professional nature (other than
those classified as Community Facility Activities, Medical and Professional
Service, or Business and Communication Services). These also Includes the
executive, management, or administrative activities of private, profit
oriented firms, but exclude the sale and/or storage of goods or chattel unless
otherwise permitted by this ordinance.
a. Agricultural Credit Institution
b. Banking and Bank-Related Functions
C. Credit Unions
d. Holding and Investment Organizations
e. Insurance Carriers, Agents, Brokers, and Service
f. Money Management and Investment Offices
g. Real Estate Brokers, Managers and Appraisers
h. Rediscount and Financing Institutions for Credit Agencies
i. Other Than Banks
j. Savings and Loan Associations
k. Securities Commodities, Brokers, Dealers, and Exchanges
I. Title Offices
10. Food and Beverage Services. Includes the retail sale of prepared food or
beverages for primarily on-premises consumption within the principal
structure on the zone lot.
a. Restaurants
b. Taverns
11. Food Service Drive-In. Includes the retail sale of prepared food or beverages
for either home or on premises consumption either within the principal
structure or within a parked car on the same zone lot.
a. Drive-In Restaurant
b. Fast Food Restaurants with Drive-Thru Service
12. General Business and Communication Services Includes the provisions of
service of a clerical, goods brokerage, and communications of a minor
processing nature, copying and blueprinting services, custom printing
(except books) but includes the sale and/or storage of goods and chattel
unless otherwise permitted by this ordinance.
a. Advertising Agencies and Services
b. Commercial Cleaning Services
C. Commercial Testing Laboratories
d. Communications Services
1. Radio and Television Broadcasting Studios
2. Telegraph Offices and Message Centers
3. Telephone Exchanges and Relay Towers
4. Television and Recording Production Studios
e. Computer and Data Processing Services
f. Credit Reporting, Adjustment, and Collection Agencies
g. Detective Agencies and Protective Services
h. Drafting Services
i. Employment, Personnel, and Temporary Help Services
j. Exterminating Services
k. Interior Decorator and Consulting Services
I. Mailing, Reproduction, and Public Relations Services
m. Membership Organizations
1. Automobile Clubs
2. Better Business Bureaus
3. Chamber of Commerce
4. Labor Unions
5. Political Organizations
6. Professional Associations
n. News Syndicates
O. Photofinishing Services
p. Research and Development Laboratories
q. Trading Stamp Services
r. Travel Agencies
S. Vehicular and Equipment Rental and Leasing Services
13. General Personal Service. Includes the provision to individuals of
informational and instructional services as well as the provision of care and
maintenance for personal items. These activities do not Includes the storage
or sale of goods or chattel unless otherwise permitted herein.
a. Catering Services
b. Laundry, Cleaning, and Garment Services
C. Miscellaneous Personal Services
d. Clothing Rental Agencies
e. Health Spas
f. Photographic Studios
g. Shoe Repair and Hat Cleaning Shops
h. Special Training and Schooling Services
i. Art and Music Schooling Services
j. Barber and Beauty Schools
k. Business Schools
I. Dancing Schools/Exercise Studios
m. Driving Schools
14. General Retail Trade. Includes the retail sales or rental from the premises,
primarily for personal or household use, of good and/or services but
excluding goods and services listed in the other classifications herein.
a. Antique and Second-Hand Merchandise Stores
b. Automotive Parts (No exterior storage)
C. Book and Stationery Stores
d. Camera Stores
e. Candy, nut, and Confectionery Stores
f. Children's and Infant's Stores
g. Dairy Products Stores
h. Department Stores
i. Drapery, Curtain, and Upholstery Stores
j. Drug Stores and Proprietary Stores
k. Family Clothing Stores
I. Floor Covering Stores
m. Florists
n. Fruit Stores and Vegetable Markets
O. Furniture Stores
p. Furriers and fur shops
q. Gift Shops
r. Grocery Stores
S. Hardware Stores
t. Hobby, Toy, and Game Stores
u. Household Appliance Stores
V. Jewelry Stores
W. Liquor Stores
X. Luggage Shops
y. Meat and Seafood Markets
z. Men's and Boy's Clothing and Furnishing Stores
aa. Miscellaneous Apparel and Accessory Stores
1.
Bathing Suit Stores
2.
Custom Tailors
3.
Sports Apparel Stores
4.
Uniform Stores
bb. Miscellaneous General Merchandise Stores
1.
Direct Selling Organizations
2.
Mail Order Houses
CC. Miscellaneous Home Furnishing Stores
1. Bedding and Linen Stores
2. Cookware Stores
3.
Cutlery Stores
4.
Glassware and China Shops
5.
Lamp and Shade Shops
6.
Paint and Wallpaper Stores
dd. Music Stores
ee. News Stands
ff. Radio and Television Stores
gg. Retail Bakeries
hh. Sewing and Piece Goods Stores
ii. Shoe Stores
jj. Sporting Goods Stores
kk. Tobacco Shops
11. Variety Stores
mm. Women's Accessory and Specialty Stores
nn. Women's Read-to-Wear Store
15. Group Assembly. Includes the provision of cultural, entertainment,
educational, and athletic services, other than those classified as Community
Facilities, to large groups of assembled spectators and/or participants (five
hundred (500) or more) or that have a substantial potential impact upon
adjoining property.
a. Amusement Parks
b. Commercial Campgrounds
C. Commercial Resorts
d. Commercial Sports Arenas and Playing Fields
e. Drag Strips
f. Race Tracts (Auto, Motorcycle, Dog, and Horse)
16. Medical and Professional Services. Includes the provision of therapeutic,
preventive, or corrective personal treatment services by physicians, dentists,
and other practitioners, as well as testing and analysis and the offices of
various other professionals, the service of which is provided in an office
environment.
a. Accounting, Auditing, and Bookkeeping Services
b. Art Studios (Excluding Commercial Artists)
C. Attorneys and Law Offices
d. Chiropractor Offices
e. Consulting Scientists
f. Dental Offices and Laboratories
g. Educational and Scientific Research Services
h. Engineering and Architectural Services
i. Optometrists
j. Physicians' Offices and Clinics (Outpatient Services)
k. Physiologists and Psychotherapists
I. Songwriters and Music Arrangers
m. Urban Planning Services
n. Writers and Lectures
17. Transient Habitation. Includes the provision of lodging services to transient
guests, having at least seventy (70) percent of its accommodation available on
a less-than-weekly basis, other than those classified as residential activities.
a. Hotels
b. Motels
C. Tourist Courts
d. Bed and Breakfasts
18. Transport and Warehousing. Includes the provision of warehousing, storage,
freight handling, shipping, and trucking services.
a. Bus and Truck Maintenance and Repair
b. Food Lockers
C. General Warehousing
d. Household Good Storage
e. Packing and Cheating Services
f. Railroad, Bus and Transient Terminals
g. Refrigerated Warehousing
h. Truck Terminals Freight Handling Services
19. Undertaking Services. Includes the provision of undertaking and funerals
services involving the care and preparation of the human deceased prior to
burial.
a. Funeral and Crematory Services
20. Vehicular, Craft, and Related Equipment. Includes the retail or wholesale sale
or rental from the premises of vehicular and related equipment with
incidental maintenance.
a. Boat and Motor Dealers
b. Mobile Home Dealers
C. Motor Vehicle Dealers
d. Motorcycle Dealers
e. Recreational Vehicle and Utility Trailer Dealers
21. Wholesale Sales. Includes the storage and sale from the premises of goods
to other firms for resale, as well as the storage of goods and their transfer to
retail outlets; but exclude sale or storage of motor vehicles, except for the
parts and accessories. These would include such uses as:
a. Apparel, Piece Goods, and Notions
b. Beer, Wine, and Distilled Alcoholic Beverages
C. Chemicals and Allied Products
d. Drugs, Drug Proprietaries, and Sundries
e. Electrical Goods and Appliances
f. Farm Products Raw Materials
g. Farm Supplies
h. Furniture and Home Furnishings
i. Groceries and Related Products
j. Hardware, Plumbing, and Heating Equipment and Supplies
k. Lumber and Other Construction Materials
I. Machinery, Equipment, and Supplies
m. Metals and Minerals
n. Motor Vehicles and Automotive Parts and Supplies
O. Paper and Paper Products
p. Petroleum and Petroleum Products
q. Sporting, Recreational, Photographic, and Hobby Goods
r. Tobacco and Tobacco Products
S. Toys and Supplies
F.
Manufacturing Activities. Manufacturing activities Includes the on-site
production of goods by methods other than agricultural or extractive in nature.
1.
Limited Manufacturing Activities Includes the following operations:
a. The manufacture, compounding, processing, assembling, packaging,
treatment, or fabrication of the following products:
1. Apparel and Accessories
2. Art Objects
3. Bakery Goods
4. Beverages
5. Dairy Products
6. Instruments for Scientific, Medical, Dental, Engineering, and Other
Professional Purposes
7. Optical Instruments and Lens
8. Printed Matter
9. Signs
10. Book Binding
2.
Activities and operations which Includes the following:
1. Data Processing Service
2. Photocopying
3. Photoengraving
4. Precision Machining of Dies, Jigs, and Fixtures
5. Printing
6. Publishing
7. Record Pressing
8. Upholstering
9. Welding
3.
Intermediate Manufacturing Activities Includes the following:
1. Cotton Seed Oil
2. Explosives
3. Fireworks
4. Organic Fertilizers
5. The manufacture, compounding, processing, assembling,
packaging, treatment, or fabrication of products, except for the
following:
6. Other activities and operations, except for the following:
7. Abrasive, Asbestos, and Nonmetallic Mineral Processing
8. Arsenals
9. Asphaltic Cement Plants
10. Atomic Reactors
11. .Automobile Wrecking Yards, Scrap and Waste Materials
12. Cement and/or Concrete Plants
13. Chemical Manufacturing more than One (1) Ton Per Day
14. Cotton Ginning
15. Fat Rendering
16. Foundries
17. Grain Milling
18. Junk Yards
19. Offal Processing
20. Ore Reduction
21. Paper Mills
22. Petroleum Refining
23. Pulp Manufacturing
24. Rolling and Finishing Ferrous Materials
25. Slaughtering of Animals
26. Smelting and Refining of Metals and Alloys
27. Steel Works (Other than those listed)
28. Tanning
29. Solid Waste Landfills (generated on site only)
4.
Extensive Manufacturing Activities. Includes all intermediate manufacturing
activities (described above) and the exceptions listed above, except as follows:
1. Arsenals
2. Atomic Reactors
3. Explosives Manufacturing and Storage
4. Fireworks Manufacturing
5. Hazardous Wastes Storage and/or Transfer
6. Radioactive Waste Handling
7. Solid Waste Landfills
8. Solid Waste Incinerators, Including Hospital and Medical Waste
9. Biosolids- handling and distribution
The above exceptions are Special Impact Facilities and are permitted only as such
in the appropriate district.
G. Agricultural, Resources Production, and Extractive Activities
1.
Agricultural Services. Includes various activities designed to provide needed
services for agricultural uses and are appropriately located in close proximity
thereto.
a. Crop Drying, Storage, and Processing
b. Crop Planting, Cultivating, and Protection Services
C. Horticultural Services
d. Soil Preparation Services
e. Riding Stables
f. Livery Stables
2.
Commercial Feed Lots and Stockyards. Includes facilities and operations
involved in the storage and feeding (other than pasture grazing) of animals for
resale or slaughter.
3.
Crop and Animal Raising. Includes the raising of tree, vine, field, forage, and
other plant crops intended to provide food or fiber, as well as keeping, grazing,
or feeding animals for animal products, animal increase, or value increase, but
specifically excluding commercial feed lots and facilities for the processing,
packaging, or treatment of agricultural products.
a. Dairies
b. Farms
C. Raising of Plants, Animals, and Fish
d. Truck Gardens
4.
Mining, Drilling, and Quarrying. Includes drilling operations and facilities
either utilized by, or in support of the extractions of minerals, ores, petroleum,
and natural gas or in the quarrying and collection of stone, gravel, sand, clay,
and other nonmetallic minerals.
a. Chemical Fertilizer and Nonmetallic Mineral Mining
b. Clay, Ceramic, and Refractory Minerals
C. Coal Mining
d. Crude Petroleum and Natural Gas Production
e. Metal Ore and Mineral Mining
f. Sand and Gravel Quarrying
g. Stone Quarrying
5.
Plant and Forest Nurseries
a. Includes the cultivation for sale of horticultural specialties, such as
flowers, shrubs, and trees, intended for ornamental, landscaping, or
tree planting purposes.
b. Forest Nursery
C.
Plant Nursery
ARTICLE VII
ADMINISTRATION AND ENFORCEMENT
SECTION
7.010 Administration of the Resolution
7.020 The Enforcement Officer
7.030 Zoning Compliance Permits (Building Permits)
7.040
Temporary Use Permits
7.050
Inspections of Compliance
7.060 Procedure for Authorizing Special Exceptions
7.070 County Board of Zoning Appeals
7.080
Variances
7.090 Amendments to the Resolution
7.100 Penalties
7.110
Remedies
7.120
Separability
7.130
Interpretation
7.140
Effective Date
7.010. Administration of the Resolution. Except as otherwise provided, no
structure or land after the effective date shall be used and no structure or part thereof
shall be erected, altered, or moved unless in conformity with the regulations herein
specified for the district in which it is located. In their interpretation and application
of this resolution the provisions shall be considered minimum requirements adopted
for the promotion of public health, safety, morals, convenience, order, prosperity,
and general welfare of the community. Where other resolutions or regulations
heretofore adopted, or which may be adopted hereafter impose greater
restrictions than those specified herein, compliance with such other resolutions or
regulations is mandatory.
7.020. The Enforcement Officers. The provisions of the resolution shall be
administered and enforced by the Building Commissioner who is empowered to
make inspections of buildings or premises necessary to carry out his duties in the
enforcement hereof. The Building Commissioner is accountable to the Board of
County Commissioners through the County Mayor who shall administratively
supervise his activities. In performance of administering and enforcing this resolution,
the Building Commissioner shall:
A.
Issue all building permits and make and maintain records thereof.
B.
Conduct all Inspections of Compliance and make and maintain records
thereof.
C.
Issue and renew, where applicable all Temporary Use Permits and
make and maintain records thereof.
D.
Maintain and keep current zoning maps and records of amendments thereto.
E.
Receive, file and forward to the Board of Zoning Appeals all applications
for variances, appeals or other matters on which the Board is required to act.
F.
Conduct inspections as required in this resolution and such other inspections
as are necessary to ensure compliance with the various other general
provisions of this resolution. The Building Commissioner shall possess the
right to enter upon any premises for the purpose of making inspections of
buildings or premises necessary to carry out his authorized duties.
7.030. Zoning compliance permit (Building Permits).
1. It shall be unlawful to commence the excavation for or the construction of any
building or other structure, including accessory structures, to commence the
moving alteration, or repair of any structure including expansion, including
accessory structures, to use a building or structure or to change the use of a
building or structure, or to commence the filling of land without a permit thereof,
issued by the Building Commissioner. Agriculturally related construction is
exempt. (See Section 5.070).
2. No Building Permit shall be issued by the Building Commissioner except in
conformity with the provisions of this resolution, unless there is received a written
order from the Board of Zoning Appeals in the form of an administrative review,
special exception, or variance as provided herein.
A. Application. Application for a Building Permit shall be made in writing to
the Building Commissioner on forms provided for that purpose. All
applications for Building Permits shall be accompanied by a plan or a plat in
duplicate, drawn to scale, and showing the following:
1.
The actual shape, location, and dimensions of the lot to be built upon.
2.
The shape, size, and location of all buildings or other structures to be
erected, altered, or moved and of buildings or other structures already
on the lot and the elevation of the building site.
3.
The existing and intended use of all such buildings or other structures.
4. Location and design of off-street parking areas and off-street loading
areas, and such other information concerning the lot or adjoining lots as
may be essential for determining whether the provisions of this
resolution are being observed.
B. "Sealed Plans" shall not be required for structures classified as business,
factory-industrial, hazardous, mercantile, residential, and storage if
such structures meet the following criteria:
1. Less than 3 stories in height.
2. Less than 5,000 sq. ft. in total gross area.
3. Is a one- or two-family dwelling or domestic outbuilding.
4. Farm buildings not designed or intended for human habitation.
Except as stated above, all other plans must be "sealed plans", that is plans
prepared by a registered architect or engineer.
C. Fees. The Hickman County Commission shall from time-to-time establish a
schedule of fees and a collection procedure for Building Permits. The
schedule of fees shall be posted in the Office of the Building Commissioner.
Only the County Commission may alter or amend the fee schedule. Until the
appropriate fee has been paid in full, no action shall be taken on any
application.
1.
A building permit fee may be doubled if any construction is
begun before obtaining a permit, and (Added by Resolution
08-19, May 23ʳᵈ, 2008)
2.
A reinspection fee of fifty dollars ($50.00) is allowed where an
inspection is requested, and the structure is not ready to be
inspected. (Added by Resolution 08-19, May 23ʳᵈ, 2008)
D. Issuance of Permit. If the proposed excavation, construction, moving, or
alteration as set forth in the application is in conformity with the provisions
of this resolution, the Building Commissioner shall issue a Building Permit
for such excavation or construction. If an application for a Building Permit is
not approved, the Building Commissioner shall state in writing on the
application the cause for such disapproval. Issuance of a permit shall in no case
be construed a waiving of any provisions of this resolution.
E. Construction Progress. Any Building Permit issued becomes invalid if work
authorized is not commenced within twelve (12) months of the date of
issuance or if the work authorized by the permit is suspended or
discontinued for a period of one (1) year.
7.040. Temporary Use Permits. It shall be unlawful to commence construction or
development of any use of a temporary nature unless a permit has been obtained from
the Building Commissioner as provided for in ARTICLE III, SECTION 3.030.
Application for a Temporary Use Permit shall be made in writing to the Building
Commissioner on the form provided for that purpose. A schedule of fees shall be
established from time-to-time by the Hickman County Commission. Such schedule
shall be posted in the office of the Building Commissioner. Until the appropriate fee
has been paid in full no action shall be taken on any application.
7.050. Inspections of Compliance. After a building or premise or any part thereof
is ready for occupancy and within one (1) year following occupancy, the Building
Commissioner shall conduct a second inspection to ensure compliance with this
resolution. It is the owner's responsibility to correct deficiencies or be held in
violation.
7.060. Procedure for Authorizing Special Exceptions. The following procedure
is established to provide procedures for review of a proposed use as a conditional
use or special exception by the Board of Zoning Appeals. The procedure shall be
the same whether review is required under Sections 13-7-107 and 13-7-108 of the
Tennessee Code Annotated, by this resolution, or whether a review is requested by
the Building Commissioner to determine whether a proposed use is potentially
noxious, dangerous, or offensive.
A. Application. An application for review shall be filed with the Board of Zoning
Appeals. Said application shall show the location and intended uses of the
site, the names of the property owners, existing land uses within two hundred
(200) feet, and any other material pertinent to the request which the Board may
require.
B. General Requirements. A conditional use permit (a special exception) shall
be granted provided the Board finds 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 provision of "Special Exceptions" as set forth in this
resolution.
4) Conforms to all applicable provisions of this resolution for the district in
which it is to be located as well as the provisions cited in Section 7.060 and
is necessary for public convenience in the location planned.
C. Criteria for Review. Prior to the issuance of a special exception, the Board shall
make written findings certifying that satisfactory provisions and arrangements
have been made concerning all the following where applicable:
1) Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or
catastrophe.
2) Off-street parking and loading areas where required, with particular attention
to the items in item 1. above, and the economic, noise, vibrations, glare, or
odor effects of the special exception on or by adjoining properties and
properties generally in or near the district.
3) Refuse and service areas, with particular reference to the items in 1 and 2
above.
4) Utilities, with reference to locations, availability, and compatibility.
5) Screening and buffering with reference to type, dimensions, and character.
6) Signs, if any, and proposed exterior lighting with reference to glare, traffic,
safety, economic effect, and compatibility and harmony with properties in
the district.
7) Required yard and other open space.
8) General compatibility with adjacent properties and other properties in
the district.
D. Restrictions. In the exercise of its approval, the Board may impose such
conditions upon the proposed uses of buildings or land as it may deem
advisable in the furtherance of the general purposes of this resolution.
E. Validity of Plans. All approved plans, conditions, restrictions, and rules made a
part of the approval of the Board shall constitute certification on the part of
applicant that the proposed use shall conform to such regulations at all times.
F. Time Limit. All applications reviewed by the Board shall be decided within
thirty (30) days of the date of application, and the applicant shall be provided
with either a written notice of approval or denial.
7.070. County Board of Zoning Appeals. A Hickman County Board of Zoning
Appeals is hereby established in accordance with 13-7-106 through 13-7-109 of
the Tennessee Code Annotated. The Board of Zoning Appeals shall consist of five
(5) members appointed by the Hickman County Commission. The Board members
shall be appointed to five-year terms; however, the initial appointments shall be
arranged so that the term of one (1) member will expire each year.
A. Procedure. Meetings of the Board of Zoning Appeals shall be held at the call of
the chairman, and at such other times as the Board may determine. Such
chairman, or in his absence, the vice chairman, may administer oaths and
compel the attendance of witnesses. All meetings of the Board shall be open
to the public. The Board shall adopt rules of procedure and shall keep records
of applications and action taken thereon which shall be public records.
B. Appeals to the Board. An appeal to the Hickman County Board of Zoning
Appeals may be taken by any person, firm, or corporation aggrieved by, or by
any governmental office, department, board, or bureau affected by any
decision of the Building Commissioner based in whole or in part upon the
provisions hereof. Such appeal shall be taken by filing with the Board of
Zoning Appeals a notice of appeal specifying the grounds thereof. The
Building Commissioner shall transmit to the Board all papers constituting the
record upon which the appeal is taken. The Board shall fix a reasonable time for
the hearing of the appeal, given a minimum of fifteen (15) days public notice
thereof, as well as due notice (by registered mail) to the parties in interest, and
decide the same within thirty (30) days of the meeting. At any hearing, any
person or party may appear in person, by agent, or by attorney.
C. Stay of Proceedings. Any appeal stays all legal proceedings in furtherance of the
action appealed from, unless the Building Commissioner certifies to the Board
of Zoning Appeals, 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 Building Commissioner,
and on due cause shown.
D. Appeal to the Court. Any person aggrieved by any decision of the Board may
seek review by a court of competent jurisdiction of such decision in a manner
provided by the laws of the State of Tennessee.
E. Powers of the Board. The Board of Zoning Appeals shall have the following
powers:
1. Administrative Review. To hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement, permit, decision,
determination, or refusal made by the Building Commissioner or other
administrative official in the carrying out or enforcement of any provision of
this resolution. The fee shall be the same as stated in 7.080.B.
2. Special Exceptions. To hear and decide applications for special exceptions
as allowed in this resolution, hear requests for interpretation of the Zoning
Atlas, and for decision on any special questions upon which the Board of
Zoning Appeals is authorized to pass. The fee shall be the same as stated in
7.080.B.
3. Variances. To hear and decide applications for variances from the terms
of this resolution.
7.080. Variances. The purpose of this variance is to modify the strict application
of the specific requirements of this resolution in the case of exceptionally irregular,
narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such
strict application would result in practical difficulty or unnecessary hardship which
would deprive an owner of the reasonable use of his land. Variances shall be granted
from zoning restrictions such as heights, setback, and lot density where such
variances are reasonable and necessary to assure unobstructed access to direct
sunlight. Variances shall not be granted which would cause an unreasonable
obstruction of direct sunlight to adjacent property if there is a reasonable probability
of utilization of passive or active solar radiation on said adjacent property. The
variance shall be used only where necessary to overcome some obstacle which is
preventing an owner from using his property under this resolution.
A. Application. After written denial of a permit, a property owner may make
application for a variance, using any form which might be made available by
the Board of Zoning Appeals.
B. Variance Fee. A fee as established from time-to-time by the Hickman County
Commission shall be charged to cover partial review and processing of each
application for a variance, except that the fee shall be waived for a governmental
agency.
C. Hearings. Upon a receipt of the application and fee, the Board shall hold a
hearing to decide whether a variance is, in fact, necessary to relieve unnecessary
hardships which act to deprive the property owner of the reasonable use of his
land. The Board shall consider and decide all applications for variances within
thirty (30) days of such hearing and in accordance with the standards provided
below.
D. Standards for Variances. In granting a variance, the Board shall ascertain that the
following criteria are met.
1.
Variances shall be granted only where special circumstances or
conditions, fully described in the finding of the Board, do not apply
generally in the district.
2.
Variances shall not be granted to allow a use otherwise excluded from
the particular district in which requested.
3.
For reasons fully set forth in the findings of the Board, the aforesaid
circumstances or conditions are such that the strict application of the
provisions of this resolution would deprive the applicant of any
reasonable use of his land. Mere loss in value shall not justify a variance.
There must be a deprivation of beneficial use of land.
4.
The granting of any variance shall be in harmony with the general
purposes and intent of this resolution and shall not be injurious to the
neighborhood, detrimental to the public welfare, or in conflict with the
comprehensive plan for development.
5.
In reviewing an application for a variance, the burden of showing that the
variance should be granted shall be upon the persons applying, therefore.
6.
Variances shall not be granted within any flood prone area if an increase
in the level of the 100-year flood would result from the proposed
development.
7.090. Amendments.
1.
The regulations, restrictions, and boundaries set forth in this resolution may
from time to time be amended, supplemented, changed, or repealed by the
Hickman County Commission.
2.
Any member of the County Commission may introduce such legislation, or
any official, board, or any other person may present a petition to the County
Commission requesting an amendment or amendments. Amendments must
be in relation to the Hickman County Plan and the general welfare of the
county.
3.
No change or departure from the text or maps as certified by the Planning
Commission shall be made unless such change or departure be first
submitted to the Planning Commission.
4.
No amendment shall be adopted unless it shall have been proposed by or shall
have first been submitted to the Planning Commission for review and
recommendation. The Planning Commission shall have thirty (30) days within
which to submit its report. If the Planning Commission fails to submit a report
within the thirty (30) day period, it shall be deemed to have approved the
proposed amendment.
5.
Before finally adopting any such amendment, the County Commission shall
hold a public hearing thereon, at least fifteen (15) days' notice of the time
and place of which shall be given by at least one (1) publication in a
newspaper of general circulation in the County. (Amended by Resolution No.
05-42, October 24, 2005)
6.
Zoning Amendment and Rezoning Fees. A fee as established from time-to-time
by the Hickman County Commission shall be due and payable at the time of
filing of any petition with requests to amend. The fee is to be used by
Hickman County to defray costs resulting from action required upon such
petition and any subsequent amendment.
7.100. Penalties. Any person or persons violating any provisions of this resolution
shall be guilty of a misdemeanor, and upon conviction shall be fined appropriately
for each offense. Each day such violations continue shall constitute a separate
offense.
7.110. Remedies. In addition to the provisions for criminal sanctions provided by
State law, in case any building or other structure is erected, constructed, altered,
repaired, converted, or maintained, or any building, structure, or land is used, in
violation of this resolution, the Building Commissioner or any other appropriate
authority or any adjacent or neighboring property owner who would be specifically
damaged by such violation, in addition to other remedies, may institute injunction,
mandamus, or other appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance,
or use; or to correct or abate such violation; or to prevent occupancy of such
building, structure, or land.
7.120. Separability. Should any section, clause, or provision hereof be declared
invalid or unconstitutional by any court of competent jurisdiction, such declaration
shall not affect the validity hereof as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
7.130. Interpretation. Whenever the conditions hereof require more restrictive
standards than are required in or under any other statute, the requirements hereof
shall govern. Whenever the conditions of any other statute require more restrictive
standards than are required herein, the conditions of such statute shall govern.
7.140. Effective Date. This resolution shall take effect from and after its passage,
the public welfare requiring it.
Certified by the Hickman County Regional Planning Commission
APPENDIX
Airport Zoning Resolution #06-36
AIRPORT ZONING PROVISIONS
A.
Statutory Authorization. This resolution shall be known and may be cited as
the Hickman County Airport Zoning Resolution.
B.
Definitions. As used in this resolution, unless the context otherwise requires:
AIRPORT - The Centerville Municipal Airport.
AIRPORT ELEVATION - Seven hundred-sixty-eight (768) feet above mean- sea-
level.
APPROACH SURFACE - A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary surface and
at the same slope as the approach zone height limitation slope set forth in
Subsection D, of this resolution. In plan, the perimeter of the approach surface
coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES -
These zones are set forth in Subsection C, of this resolution.
BOARD OF APPEALS - The duly appointed Centerville Board of Zoning Appeals to
hear and decide on issues related to adjustments, appeals, special exceptions or
variances to the established zoning resolution. The Board of Appeals may also be
referred to as the Board of Zoning Appeals.
COINCAL SURFACE - A surface extending outward and upward from the periphery
of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance
of four thousand (4,000) feet.
HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial
adverse effect on the safe and efficient utilization of the navigable air space.
HEIGHT - For the purpose of determining the height limits in all zones set forth in this
resolution and shown on the zoning map, the datum shall be mean-sea- level
elevation, unless, otherwise, specified.
HORIZONTAL SURFACE - A horizontal plane one hundred-fifty (150) feet above
the established airport elevation, the perimeter of which in plan coincides with the
perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAY - A runway that is constructed for and intended to
be used by propeller driven aircraft of greater than twelve thousand- five hundred
(12,500) pounds maximum gross weight and jet powered aircraft.
Airport Zoning Resolution #06-36
NONCONFORMING USE - Any pre-existing structure, object of natural growth, or use
of land that is inconsistent with the provisions of this resolution or an amendment,
thereto.
NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument
approach procedure utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision instrument
approach procedure has been approved or planned.
OBSTRUCTION - Any structure, growth, or other object, including a mobile object,
which exceeds a limiting height set forth in Subsection D, of this resolution.
PERSON - An individual, firm, partnership, corporation, company, association, joint
stock association or government entity; includes a trustee, a receiver, an assignee,
or similar representative of any of them.
PRIMARY SURFACE - A surface longitudinal centered on a runway. When the runway
has a specifically prepared hard surface, the primary surface extends two hundred
(200) feet beyond each end of that runway. The width and elevation of the primary
surface is set forth in Subsection C, of this resolution.
RUNWAY - A defined area on an airport prepared for landing and take-off of aircraft
along its length.
STRUCTURE - An object, including a mobile object, constructed, or installed by man,
including, but without limitation, buildings, towers, cranes, smoke-stakes, earth
formations, and overhead transmission lines.
TRANSITIONAL SURFACES - These surfaces extend outward at ninety (90) degree
angles to the runway center line and the runway center line extended at a slope of
seven (7) feet horizontally for each foot vertically from the sides of the primary and
approach surfaces.
TREE - Any object of natural growth.
UTILITY RUNWAY-A runway that is constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY - A runway intended solely for the operation of aircraft using
visual approach procedures.
C.
Airport Overlay Districts. In order to carry out the provisions of this
resolution, there are, hereby, created and established certain surfaces that
Airport Zoning Resolution #06-36
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to the
Centerville Airport. Such surfaces are to be included as overlay districts to
the existing Official Zoning map of Hickman County, Tennessee. An area
located in more than one of the following surfaces is considered to be only in
the surface with the more restrictive height limitation. The various airport
overlay districts are, hereby, established and defined as follows:
1.
Primary Surface. Established as the imaginary surface five hundred (500) feet
wide, longitudinally centered on the runway and extends a length of two
hundred (200) feet beyond each end of the runway. The elevation of any point
on the longitudinal profile on the primary surface coincides with the elevation
of the center line of the runway. The highest determined elevation of the
Centerville Airport is seven hundred- sixty-eight (768) feet above mean-sea-
level.
2.
Horizontal Surface. All the airspace that lies directly under an imaginary
horizontal surface one hundred-fifty (150) feet above the established airport
elevation, or a height nine hundred-eighteen (918) feet above mean-sea-level.
The horizontal surface is, hereby, established as being an area defined by two
semi-circles, each having a radius point located two hundred (200) feet beyond
the runway ends and on the runway center line extended, the radius of each
semi-circle being ten thousand (10,000) feet; and lines parallel with the runway
center line connecting the semi- circles. The horizontal surface does not include
the approach/departure surface and the transitional surface.
3.
Conical Surface. All the airspace that lies directly under an imaginary surface
extending upward and outward from the periphery of the horizontal surface at
a slope of twenty to one (20:1) (20 feet outward for each foot upward) and
extending to a height of three hundred-fifty (350) feet above the airport
elevation (or one thousand-one hundred eighteen (1,118) feet above mean-sea-
level).
4.
Approach/Departure Surface (Utility Runway, Non-precision).
An
approach/departure surface is established at each end of the runway which shall
have a width of five hundred (500) feet at a distance two hundred (200) feet
beyond each end of the runway, widening, thereafter, uniformly to a width of
three thousand-five hundred (3,500) feet at a distance of ten thousand-two
hundred (10,200) feet beyond the end of the runway, its center line being the
continuation of the center line of the runway. The approach/departure surface
inclines upward from the base elevation at a slope of twenty to one (20:1) (20
feet outward for each foot upward) at the end of the runway.
5.
Approach/Departure Surface (Utility Runway, Visual). An approach/departure
Airport Zoning Resolution #06-36
surface is established at each end of the runway which shall have a width of five
hundred (500) feet at a distance two hundred (200) feet beyond each of the
runway, widening, thereafter, uniformly to a width of three thousand- five
hundred (3,500) feet at a distance of ten thousand-two hundred (10,200) feet
beyond the end of the runway, its center line being the continuation of the
center line of the runway. The approach/departure surface inclines upward from
the base elevation at a slope of twenty to one (20:1) (20 feet outward for each
foot upward) at the end of the runway.
6.
Transitional Surface. All the airspace which lies directly under an imaginary
surface extending upward and outward perpendicular to the runway center line
(and extended runway center line) at a slope of seven to 1 (7:1) from the sides
of the primary surface and approach/departure surface until they intersect the
horizontal surface.
D.
Height Limitations. Except as, otherwise, provided in the resolution, no
structure shall be erected, altered, or maintained and no tree shall be allowed
to grow in any zone created by this resolution to a height in excess of the
applicable height, herein, established for such zone. Such applicable height
limitations are, hereby, established for each of the zones in question as follows:
1.
Approach/Departure Zones (Utility Runway)
Runway 02 (Non-Precision) -One foot in height for each twenty (20) feet in
horizontal distance beginning at a point of two hundred (200) feet beyond and
at the elevation of the end of the runway extending to a point ten thousand-two
hundred (10,200) feet from the end of the runway.
Runway 20 (Visual)-One foot in height for each twenty (20) feet in horizontal
distance beginning at a point of two hundred (200) feet beyond and at the
elevation of the end of the runway extending to a point ten thousand-two
hundred (10,200) feet from the end of the runway.
2.
Transition Zones. One foot in height for each seven (7) feet in horizontal distance
beginning at a point two hundred-fifty (250) feet normal to and at the elevation
of the center line of the runway extending two hundred (200) feet beyond each
end, thereof, and extending to a maximum height of one hundred-fifty (150) feet
above the established airport elevation which is seven hundred-sixty eight (768)
feet above mean-sea-level. In addition to the foregoing, there are established
height limits of one foot vertical for each seven (7) feet horizontal distance
measured from the edges of all approach zones extending upward and outward
to the points where they intersect the horizontal surface.
3.
Horizontal Zone. One hundred-fifty (150) feet above the established airport
Airport Zoning Resolution #06-36
elevation or a maximum of nine hundred-eighteen (918) feet above mean-sea-
level.
4.
Conical Zone. One foot in height for each twenty (20) feet of horizontal distance
beginning at the periphery of the horizontal zone extending to a height
three hundred-fifty (350) feet above the airport elevation or one thousand-
one hundred eighteen (1,118) feet above mean-sea-level.
5.
Except Height Limitations. Nothing in this resolution shall be construed as
prohibiting the construction or maintenance of any structure, or growth of any
tree to a height up to fifty (50) feet above the surface of the land.
E.
Use Restrictions. Notwithstanding any other provisions of this resolution, no
use may be made of land or water within any zone established by this resolution
in such a manner as to create electrical interference with navigational signals or
radio communication between the airport and aircraft, make it difficult for pilots
to distinguish between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the airport, create bird
strike hazards, or, otherwise, in any way endanger or interfere with the landing,
takeoff, or maneuvering of aircraft intending to use the airport.
F.
Nonconforming Uses
1.
Regulations Not Retroactive. The regulations prescribed in this resolution shall
not be construed to require the removal, lowering, or other change or alteration
of any structure or tree not conforming to the regulations on the effective date
of this resolution, or, otherwise, interfere with the continuance of a
nonconforming use. Nothing contained herein shall require any change on the
construction, alteration, or intended use of any structure, the construction or
alteration of which was begun prior to the effective date of this resolution and is
diligently prosecuted.
2.
Marking and Lighting. Notwithstanding the preceding provision of this section,
the owner of any existing nonconforming structure or tree is, hereby, required
to request a permit for the installation, operation, and maintenance, thereon, of
such markers and lights as shall be deemed necessary by the Centerville Airport
Board to indicate to the operators of aircraft in the vicinity of the airport the
presence of such airport obstruction. Such markers and lights shall be installed,
operated, and maintained at the expense of the City of Centerville (Centerville
Municipal Airport).
G.
Administration
1.
Future Uses. Except as specifically provided in A, B, and C, hereunder, no
Airport Zoning Resolution #06-36
material change shall be made in the use of land, no structure shall be erected
or, otherwise, established, and no tree shall be planted in any zone, hereby,
created, unless a permit, therefore, shall have been applied for and granted.
Each application for a permit shall indicate the purpose for which the permit is
desired, with sufficient particularity to permit it to be determined whether the
resulting use, structure, or tree would conform to the regulations, herein,
prescribed. If such determination is in the affirmative, the permit may be
granted. No permit for a use inconsistent with the provisions of this resolution
shall be granted unless the Board of Appeals has approved a variance in
accordance with the provisions of the applicable Hickman County Zoning
Resolution.
a.
In the area lying within the limits of the horizontal zone and conical zone,
no permit shall be required for any tree or structure less than fifty (50)
feet of vertical height above the ground, except when, because of
terrain, land contour, or topographic features, such tree or structure
would extend above the height limits prescribed for such zones.
b.
In areas lying within the limits of the approach zones, but at a horizontal
distance of four thousand-two hundred (4,200) feet or more from each
end of the runway, no permit shall be required for any tree or structure
less than seventy-five (75) feet of vertical height above the ground, except
when such tree or structure would extend above the height limit
prescribed for such transition zones.
C.
In areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy-five (75) feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features would extend above the height limit
prescribed for such transition zones.
d.
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction or alteration of any
tree or structure in excess of any of the height limitations established by
this resolution.
2.
Existing Uses. No permit shall be granted that would allow the establishment or
creation of an obstruction or permit a nonconforming use, structure, or tree to
become a greater hazard to air navigation than it was on the effective date of
this resolution or any amendments, thereto, or than it is when the application for
such a permit is made. Except as indicated, all applications for such a permit
may be granted.
a.
Non-conforming Uses Abandoned or Destroyed-Whenever the building
official determines that a nonconforming tree or structure has been
abandoned or more than 80 percent torn down, physically deteriorated,
or decayed, no permit shall be granted that would allow such structure or
Airport Zoning Resolution #06-36
tree to exceed the applicable height limit or otherwise deviate from these
regulations.
b.
Variances-Any person desiring to erect or increase the height of any
structure, or permit the growth of any tree, or use property, not in
accordance with the regulations prescribed in this resolution, may apply
to the Board of Zoning Appeals for a variance from such regulations. The
application for variance shall be accompanied by a determination from
the Federal Aviation Administration as to the effect of the proposal on the
operation of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances shall be allowed where it is duly found that a
literal application or enforcement of the regulations will result in
unnecessary hardship and relief granted, will not be contrary to the public
interest, will not create a hazard to air navigation, will do substantial
justice, and will be in accordance with the spirit of this resolution.
Additionally, no application for variance to the requirements of this
resolution may be considered by the Board of Zoning Appeals unless a
copy of the application has been furnished to the Centerville Municipal
Airport Board for advice as to the aeronautical effects of the variance. If
the Centerville Municipal Airport Board does not respond to the
application within fifteen (15) days after receipt, the Board of Zoning
Appeals may act on its own to grant or deny said application.
C.
Obstruction Marking and Lighting-Any permit or variance granted may,
if such action is deemed advisable to effectuate the purpose of this
resolution and be reasonable in the circumstances, be so conditioned as
to require the owner of the structure or tree in question to install, operate,
and maintain, at the owners' expense, such markings and lights as may
be necessary. If deemed proper by the Board of Zoning Appeals, this
condition may be modified to require the owner to permit the Town of
Centerville at its own expense, to install, operate, and maintain the
necessary markings and lights.
3.
Permit Issuance. The Centerville Airport Board shall serve in an advisory capacity
to the approving authority of zoning permit issuance on all new construction,
and the alteration or maintenance of any existing tree or structure in the
approach zones and transition zones requiring a permit under the provisions of
this resolution. All permit applicants shall apply to the Office of the Hickman
County Building Commissioner, which has zoning jurisdiction in the territory in
question affected by the development or maintenance proposal. Permits shall
be issued under the terms and requirements of the pertinent Zoning resolution
and the regulations, herein, prescribed. No permit shall be issued until the
applicant has provided substantial information regarding the nature of the
Airport Zoning Resolution #06-36
project, including the precise location, proposed use and height limitation of
any and all structures or trees.
4.
Enforcement. It shall be the duty of the Hickman County Building
Commissioner duly appointed to enforce the zoning codes and to
administer, inspect, and enforce the provisions set forth in this resolution.
5.
Appeals and Adjustments. Applicants may seek adjustments, appeals, special
exceptions and interpretations to this resolution through the Board of
Zoning Appeals in Hickman County, which has zoning jurisdiction over the
territory in question. The Centerville Airport Board and the Hickman County
Regional Planning Commission may make recommendations to the Board of
Zoning Appeals.
6.
Penalties. Any violation of this resolution or any regulation, order, or ruling
promulgated, hereunder, shall be issued penalties as prescribed within the
Hickman County Zoning Resolution, which has jurisdiction over the territory in
question.
H.
Validity and Interpretation
1.
Conflicting Regulations. Where there exists a conflict between any of the
regulations or limitations prescribed in the resolution and any other
regulations applicable to the same area, whether the conflict be with respect to
the height of structures or trees, and the use of land, or any matter, the more
stringent limitation or requirement shall govern and prevail.
2.
Severability. If any of the provisions of this resolution or the application, thereof,
to any person or circumstances are held invalid, such invalidity shall not affect
without the invalid provision or application, and to this end, the provisions of
this resolution are declared to be severable.
Airport Zoning Resolution #06-36

## Table 1

| October 24, 2005 | 05-42 | Amends Article VII, Section 7.090(5) -Amendments to the Resolution |
| --- | --- | --- |
| June 19, 2006 | 06-04 | Article III, Section 3.060: Added Standards for Telecommunications Towers and Antennas |
| January 29, 2007 | 07-04 | Article III, Section 3.100, Added Guidelines for New Cemeteries. Article IV, Section 4.041, Added Item 7. |
| May 23, 2008 | 08-19 | Amends Article VII, Section 7.030(C)(1) & (2) |
| November 3, 2008 | 08-56 | Article III, Section 3.040, Customary incidental Home Occupations, is Deleted and replaced with New Text, 3.040, Customary Incidental Home Occupations. |
| March 23, 2009 | 09-08 | Article III, Added section 3.120, Development Standards for Multi-Family Dwellings, Subsections 3.121-123. |
| June 23, 2009 | 09-18 | Article IV, Subsection 4.046, Flood Plain Zoning Regulations, is Deleted and Replaced with New Text, 4.050 (now 4.070 - see Resolution 18-06), Floodplain Zoning Regulations. |
| June 23, 2009 | 09-19 | Article IV, Section 4.010, Classification of Districts, is Deleted and Replaced with New Text, 4.010, Establishment of Districts. |
| August 25, 2009 | 09-34 | Article III, Added Section 3.110, Standards for Guest Houses. Article III, Subsection 4.041, B, Added Subpart 26, Guest Houses. Article III, Subsection 4.041, C, Added Subpart 27, Private Recreational Cabins. Article VI, 6.020, Add the Definition for Guest House. |
| March 1, 2012 | 12-03 | Article V, Section 5.020, C, Deleted and Replaced Text "one (1) year" with New Text "thirty (30) months." |
| April 23, 2013 | 12-12 | Article V, Section 5.020, D, Deleted and Replaced Text "twelve (12)" with New Text "thirty (30)". |
| July 22, 2013 | 13-26 | Article IV, Subsection 4.041, B, amended by adding 600 square feet limit to existing qualifications for private recreational cabins. |
| October 28, 2013 | 13-34 | Article IV, Section 4.043, B, Added Subpart 23. |
| March 28, 2016 | Unknown | Amendment of Article V, Section 5.020(C) |
| July 25, 2016 | 16-20 | Article IV, Section 4.041, C, Added Subpart 13. |

## Table 2

|  |  | Article III, Added Section 3.140, Amended by adding Special Guidelines for commercial campgrounds, travel trailer parks, and overnight campgrounds. |
| --- | --- | --- |
| July 28, 2017 | 17-02 | Article IV, Section 4.043, Subpart C, Amended by Adding Item number 4. Article IV, Section 4.044, Subpart C, Deleted and replaced Text "No uses are permitted as Special Exceptions in the I-1, General Industrial District" with New Text "Indoor gun ranges and indoor live fire shoot houses." Article III, Section 3.140, Amended by adding Section. |
| July 28, 2017 | 17-03 | Article IV, Section 4.043, Delete Single Family Houses. |
| February 27, 2018 | 18-06 | Article IV, Section 4.013, Subpart A, amended by changing all references to the A-2 District to read R-1. Article IV, Section 4.013, Subpart B, Amended by Adding The C-2 District. Article IV, Section 4.013, Subpart A, Amended by Adding The R-2 District. The following Articles/Article numbers shall be added and/or changed: The R-2 District shall be added and numbered as Article 4.043, C-1 shall become Article 4.050, C-2 shall be added and numbered as Article 4.051, I-1 shall become Article 4.060, I-2 shall become Article 4.061, The Floodplain Zoning shall become Article 4.070, The "Use Classification System" shall be added and numbered as Article VI, Section 6.030. All references shall be amended to reflect these Article number changes. |
| May 29, 2018 | 18-20 | Article IV, Section 4.041, Subpart C, Added Item 14. Article III, Section 3.150, Added Development Standards for Wild Game Butchering and Processing (Seasonal Only) in the A-1 District. |
| April 2, 2021 | 21-16 | Article III, Section 3.030(E) by adding "The (BZA) will set the conditions under which approval for such temporary use is granted." Article III, Section 3.030(H): added to Supplementary Provisions Applying to Specific Districts subpart H: Recreational Vehicle and Travel Trailer Units for New Home Construction. Article III, Section 3.040(A) & (B): changed signage size to 16 square feet; added "Type Il Home Occupations will require a special exception permit from the Board of Zoning Appeals." |
| November 22, 2021 | 21-38 | Article VI, Section 6.020 (Definitions): added the following definitions: Micro-Distillery, Brewery, Distillery, Wine, Winery. Article IV, Section 4.041(C): added "Micro-Distillery (See |

## Table 3

|  |  | Development Standards 3.160) to Use Permitted as Special Exception. |
| --- | --- | --- |
|  |  | Article IV, Section 4.050(B): added #24 Brewery and #25 Micro-Distillery to Uses Permitted. |
|  |  | Article III, Section 3.160: Added Development Standards for Micro-Distillery. |
|  |  | Article IV, Section 4.060(B): Added #21 Brewery and #24 Micro-Distillery to Uses Permitted. |

## Table 4

| 1.010 Authority | 1 |
| --- | --- |
| 1.020 Title | 1 |
| 1.030 Enactment | 1 |
| 1.040 Purpose | 2 |

## Table 5

| 2.010 | Scope | 3 |
| --- | --- | --- |
| 2.020 | Only one (1) principal building on a lot | 3 |
| 2.030 | Lot must abut a public street | 3 |
| 2.040 | Reduction in lot area prohibited | 4 |
| 2.050 | Obstruction to vision at street intersection prohibited | 4 |
| 2.060 | Access control | 4 |
| 2.070 | Accessory use regulations | 5 |
| 2.080 | Plot plan requirements | 5 |
| 2.090 | Buffer strips | 6 |

## Table 6

| 3.010 | Off-street parking requirements | 7 |
| --- | --- | --- |
| 3.020 | Temporary use regulations | 10 |
| 3.030 | Customary incidental home occupations | 11 |
| 3.040 | Gasoline service station restrictions | 14 |
| 3.050 | Standards for Telecommunication |  |
|  | Antennas and Towers | 14 |
| 3.060 | Standards for signs, billboards, and other advertising structures | 19 |
| 3.070 | Development standards for mobile home parks | 19 |
| 3.080 | Development standards for automobile wrecking, |  |

## Table 7

|  | junk, and salvage yards | 22 |
| --- | --- | --- |
| 3.090 | Regulations for new cemeteries | 24 |
| 3.100 | Standards for Guest Houses | 24 |
| 3.110 | Development standards for multi-family dwellings. | 24 |
| 3.120 | Commercial Campgrounds, travel trailer parks, and overnight campgrounds. | 28 |
| 3.130 | Indoor Gun Ranges and live fire shoot houses. | 29 |
| 3.140 | Wild Game Butchering and Processing (Seasonal Only) | 29 |
| 3.150 | Development Standards for Micro-Distilleries | 29 |

## Table 8

| 5.030 | Exception to height limitations. | 80 |
| --- | --- | --- |
| 5.040 | Lots of record | 80 |
| 5.050 | Exceptions to setback requirements | 81 |
| 5.060 | (Reserved) | 81 |
| 5.070 | Agricultural use of land | 81 |

## Table 9

| 6.010 | Scope | 82 |
| --- | --- | --- |
| 6.020 | Definitions | 82 |
| 6.030 | Use Classification System | 95 |

## Table 10

| 7.010 | Administration of the resolution | 111 |
| --- | --- | --- |
| 7.020 | The enforcement officer | 111 |
| 7.030 | Zoning Compliance Permits (Building permits) | 112 |
| 7.040 | Temporary use permits | 114 |
| 7.050 | Inspections of compliance | 114 |
| 7.060 | Procedure for authorizing special exceptions | 114 |
| 7.070 | County board of zoning appeals | 116 |
| 7.080 | Variances | 117 |
| 7.090 | Amendments | 118 |
| 7.100 | Penalties | 119 |
| 7.110 | Remedies | 119 |
| 7.120 | Separability | 119 |
| 7.130 | Interpretation | 120 |
| 7.140 | Effective date | 120 |
| APPENDIX | A Airport Zoning - Resolution No. 06-36 | 121 |

## Table 11

| 1.010 | Authority |
| --- | --- |
| 1.020 | Title |
| 1.030 | Enactment |
| 1.040 | Purpose |

## Table 12

| A. | Enhancing the character and stability of residential, business, commercial, and industrial areas, and promoting the orderly and beneficial development of such areas; |
| --- | --- |
| B. | Preventing overcrowding of land; |
| C. | Conserving the value of land and buildings; |
| D. | Minimizing traffic hazards and congestion; |
| E. | Preventing undue concentration of population; |
| F. | Providing for adequate light, air, privacy, and sanitation; |
| G. | Reducing hazards from fire, flood, and other dangers; |
| H. | Assisting in the economic provision, utilization, and expansion of all services provided by the public, including but not limited to roads, water and sewer service, recreation, schools, and emergency services; |
| I. | Encouraging the most appropriate uses of land; |
| J. | Enhancing the natural, man-made and historical amenities of Hickman County. |

## Table 13

| 2.010 | Scope |
| --- | --- |
| 2.020 | Only one (1) principal building on any residential lot |
| 2.030 Lot | must abut a public street |
| 2.040 | Reduction in lot area prohibited |
| 2.050 | Obstruction to vision at street intersection prohibited |
| 2.060 | Access control |
| 2.070 | Accessory use regulations |
| 2.080 | Plot plan requirements |
| 2.090 | Buffer strips |

## Table 14

| 3.010 | Off-street parking requirements |
| --- | --- |
| 3.020 | Temporary use regulations |
| 3.040 | Customary incidental home occupations (Deleted and Replaced by Resolution 08-56, November 3, 2008) |
| 3.050 | Gasoline service station restrictions |
| 3.060 | Standards for Telecommunication Antennas and Towers (Added by Resolution #06-40, June 19, 2006) |
| 3.070 | Standards for signs, billboards, and other advertising structures |
| 3.080 | Development standards for mobile home parks |
| 3.090 | Development standards for automobile wrecking, junk, and salvage yards |
| 3.100 | Guidelines for new cemeteries (Added by Resolution # 07-04) |
| 3.110 | Standards for Guest Houses (Added by Resolution 09-34, August 25, 2009) |
| 3.120 | Development standards for multi-family dwellings (Added by Resolution 09-08, March 23, 2009) |
| 3.130 | Special Guidelines for commercial campgrounds, travel trailer parks, and overnight campgrounds. (Added by Resolution 16-20, July 25, 2016) |
| 3.140 | Development standards for gun ranges and live fire shoot houses within C-1 (General Commercial) and I-1 (General Industrial) zoning districts. (Added by Resolution 17-02, July 28, 2017) |
| 3.150 | Development standards for wild game butchering and processing (Seasonal Only) in A-1 (Agricultural Forestry) zoning district. (Added by Resolution 18-20, May 29, 2018) |
| 3.160 | Development Standards for Micro-Distilleries |

## Table 15

| 4.010 | Establishment of districts (Deleted and Replaced by Resolution 09- 19, June 23, 2009) |
| --- | --- |
| 4.020 | Zoning Atlas |
| 4.030 | Zoning District Boundaries |
| 4.040 | Specific District Regulations |
| 4.050 | General Commercial Districts |
| 4.060 | General Industrial Districts |
| 4.070 | Floodplain Zoning Regulations (Deleted and Replaced by Resolution 09-19, June 23, 2009) (Further Amended by Resolution 18-06, February 27, 2018) |

## Table 16

| 1. | Agricultural and forestry uses and their accessory structures, as defined in ARTICLE VI. |
| --- | --- |
| 2. | Detached single-family and two-family dwellings. |
| 3. | Private residential garages, barns, sheds, stables, farm buildings and other accessory structures and uses customarily incidental to permitted uses. |
| 4. | Agricultural processing including ginning and compressing, shelling, baling and threshing services. |
| 5. | Animal husbandry services including veterinarian services, animal hospital services and poultry hatchery services. |
| 6. | Forestry activities and related services. |

## Table 17

| 7. | Utility facilities necessary for the provision of public services. |
| --- | --- |
| 8. | Feed lots and egg production houses. |
| 9. | Roadside stands for the sale of agriculture or forestry products provided that such stand does not exceed an area of three hundred (300) square feet and that it is located off the public right of way. |
| 10. | Customary home occupations as regulated in Article III, Section 3.070. |
| 11. | Signs as regulated by the Tennessee Department of Transportation. Local permits are not required. |
| 12. | Fisheries and related services. |
| 13. | Community Facilities-- including all government buildings such as fire departments, post offices, libraries, police, and civil defense. |
| 14. | DELETED- RESERVED FOR FUTURE USE. |
| 15. | Hunting leases with cabins |
| 16. | Catfish Farming, trout farming, aquatic farms- "Do it yourself" or retail related farm uses. |
| 17. | Fishing lakes, hiking, and biking trails |
| 18. | Educational farm activities-farm tours, classes, school group activities |
| 19. | Wineries |
| 20. | Pick it yourself fruits, produce, etc. |
| 21. | Homemade furniture and crafts made and sold from a farm. |
| 22. | Mazes. |
| 23. | Bed and Breakfast Inns |
| 24. | Agri-Tourism |
| 25. | All other activities defined as Agriculture by the State of Tennessee. |
| 26. | Guest Houses. (Subject to the restrictions in Article III, Section 3.140, Standards for Guest Houses) (Added by Resolution 09- 34, August 25, 2009) |
| 27. | Private Recreational Cabins allowed without any County permit. Theses cabins shall not be for the general public but are intended for the enjoyment of the property owners as an accessory use. These cabins shall not exceed 600 square feet. No public water, kitchen or electricity shall be allowed. If these amenities are to be installed, a permit shall be required. (Added by Resolution 09- 34, August 25, 2009) (Further amended by Resolution 13-26, July 22, 2013) |

## Table 18

| 1. | Wholesale Trade. |
| --- | --- |
|  | (a) Motor vehicles and automotive equipment; |
|  | (b) Drugs, chemicals and allied products; |
|  | (c) Dry goods and apparel; |
|  | (d) Groceries and related products; |
|  | (e) Farm products; |
|  | (f) Electrical goods; |
|  | (g) Hardware, plumbing, heating equipment and supplies; |
|  | (h) Machinery, equipment, and supplies. |
| 2. | Retail Trade. |
|  | (a) Building materials, hardware, and farm equipment; |
|  | (b) General merchandise; |
|  | (c) Food; |
|  | (d) Automotive, marine craft, and accessories; |
|  | (e) Apparel and accessories; |
|  | (f) Furniture, home furnishings, and equipment; |
|  | (g) Eating and drinking; |
|  | (h) Drug, antiques, books, sporting goods, garden supplies, jewelry, fuel, and ice. |
|  | (i) Agricultural products. |
| 3. | Hotels, motels, and tourist courts. |
| 4. | Religious Facilities. |
| 5. | Professional services. |
| 6. | Medical Facilities. |
| 7. | Gasoline service stations. |
| 8. | Commercial recreation uses. |
| 9. | Finance, insurance, and real estate services. |
| 10. | Personal services. |
| 11. | Business services. |
| 12. | Repair services. |
| 13. | Contract construction services. |
| 14. | Warehouses or storage facilities, except those used for storing hazardous materials. |
| 15. | Kennels or animal hospitals. |
| 16. | Funeral parlors. |
| 17. | Governmental services, including fire stations. |
| 18. | Educational services. |
| 19. | Transportation, communication, and utility services except solid waste disposal. |
| 20. | Signs as regulated by the Tennessee Department of |

## Table 19

| 1. | The type of waste suitable for Class 1 landfills as defined by the Solid Waste Management Act of 1991. No special waste exception. |
| --- | --- |
| 2. | The method of disposal. |
| 3. | The impact of the noise and odor that the landfill may create. |
| 4. | The impact on local property values. |
| 5. | The economic impact of the project. |
| 6. | The compatibility with existing development. |
| 7. | The Hickman County Highway Department must certify that existing and proposed access roads to a proposed sanitary landfill site are capable of supporting the size and volume of traffic generated by the operation of the landfill and will have no adverse impact on the traveling public using these access roads. |
| 8. | No sanitary landfill shall be located on property where sinkholes, caves, or caverns exist on or near the proposed landfill site. |
| 9. | No sanitary landfill shall be located on property where a spring or springs emanate from or under the proposed landfill site. |
| 10. | No sanitary landfill shall be located on property with limestone bedrock and fissures, cracks, and openings in the ground. |
| 11. | No sanitary landfill shall be located in the proximity of either natural |

## Table 20

| 1. | No establishment shall be located within two thousand (2,000) feet (measured property line to property line) of any residence, religious facility, school ground, college campus or park. |
| --- | --- |
| 2. | All establishments shall be located at least two thousand (2,000) feet measured property line to property line) of any other adult entertainment business. |
| 3. | No establishment shall be located within two thousand (2,000) feet (measured property line to property line) from any residential zoned property. |
| 4. | Be in compliance with all provisions of the Tennessee Code, Sections 7- 51-1101 through 7-51-1122 and 7-51-1401 through 7-51-1406, and any applicable regulations of Hickman County. |
| 5. | All other zoning regulations shall apply. |

## Table 21

| (1) | Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; |
| --- | --- |
| (2) | Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; |
| (3) | Individually listed on the Tennessee inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or |
| (4) | Individually listed on the Hickman County, Tennessee inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: |

## Table 22

| Basis for Establishing the Areas of Special Flood Hazard. The Special Flood Hazard identified on the Hickman County, Tennessee, | Areas of as |
| --- | --- |
| identified by FEMA, and in its Flood Insurance | Study |
| (FIS)47081CVOOOA and Flood Insurance Rate Map | (FIRM), |
| Community Panel Numbers 47081C0015D, 0020D, 0030D, | 0035D, |
| 0040D, 0045D, 0055D, 0060D, 0065D, 0070D, 0080D, | 0085D, |
| 0090D, 0095D, 0105D, 0115D, 0130D, 0135D, 0140D, | 0145D, |

## Table 23

| C. | Requirement for Development Permit. A development permit shall be required in conformity with Section 4.070 prior to the commencement of any development activities. |
| --- | --- |
| D. | Compliance. No land, structure or use shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of Section 4.070 and other applicable regulations. |
|  | Abrogation and Greater Restrictions. This Resolution is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Resolution conflicts or overlaps with another regulatory instrument, whichever imposes the more stringent restrictions shall prevail. |
|  | Interpretation. In the interpretation and application of this Resolution, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body and; (3) deemed neither to limit nor repeal any other powers granted under Tennessee statutes. |
| G. | Warning and Disclaimer of Liability. The degree of flood protection required by this Resolution is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This Resolution does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This Resolution shall not create liability on the part of Hickman County, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this Resolution or any administrative decision lawfully made hereunder. |
| H. | Penalties for Violation. Violation of the provisions of this Section 4.070 or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance shall constitute a misdemeanor punishable as other |

## Table 24

|  | practices that minimize flood damage. They must be elevated and anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the- top or frame ties to ground anchors. This requirement is in addition to applicable State of Tennessee and local anchoring requirements for resisting wind forces. |
| --- | --- |
| 3. | New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. |
| 4. | New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. |
| 5. | All electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. |
| 6. | New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; |
| 7. | New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. |
| 8. | On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. |
| 9. | Any alteration, repair, reconstruction, or improvements to a building that is in compliance with the provisions of Section 4.070, shall meet the requirements of "new construction" as contained in Section 4.070. |
| 10. | Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provision of Section 4.070, shall be undertaken only if said non- conformity is not further extended or replaced. |
| 11. | All new construction and substantial improvement proposals shall provide copies of all necessary Federal and State permits, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; |
| 12. | All subdivision proposals and other proposed new development proposals shall meet the standards of Article V, Subsection B; |
| 13. | When proposed new construction and substantial improvements are partially located in an area of special flood hazard, the entire structure shall meet the standards for new construction. |
| 14. | When proposed new construction and substantial improvements are located in multiple flood hazard risk zones or in a flood hazard risk zone with multiple Base Flood Elevations, the entire structure shall meet the standards for the most hazardous flood hazard risk |

## Table 25

| 5.010 | Scope |
| --- | --- |
| 5.020 | Nonconforming uses |
| 5.030 | Exceptions to height limitations |
| 5.040 | Lots of record |
| 5.050 | Exception to front setback requirements |
| 5.060 | RESERVED |
| 5.070 | Agricultural use of land |

## Table 26

| 1) | Convalescent, Rest or Nursing Home: a health facility where persons are housed and furnished with meals and continuing nursing care for compensation or fee. |
| --- | --- |
| 2) | Dental Clinic or Medical Clinic: A facility for the examination and treatment of ill and afflicted human out-patients, provided, however, that patients are not kept overnight except under emergency conditions. |
| 3) | Hospital: An institution providing health services primarily for human in-patient medical care for sick or injured and including related facilities such as laboratories, out- patient facilities, emergency medical services, and staff offices which are an integral part of the facility. |
| 4) | Public Health Center: A facility utilized by a health unit for the provision of public health services. |

## Table 27

|  | Residential Activities |
| --- | --- |
|  | a. Permanent |
|  | 1. Dwelling, Single Detached |
|  | 2. Dwelling, Duplex |
|  | 3. Dwelling, Mobile Home |
|  | 4. Dwelling, Multi-Family |
|  | 5. Mobile Home Park |
|  | b. Semi-Permanent |
|  | 1. Boarding House |
|  | 2. Rooming House |
|  | Community Facility Activities |
|  | a. Administrative |
|  | b. Community Assembly |
|  | C. Community Education |
|  | d. Cultural and Recreation Services |
|  | e. Essential Service |
|  | f. Extensive Care |
|  | g. Health Care |
|  | h. Intermediate Impact |
|  | i. Personal and Group Care Facilities |
|  | j. Religious Facilities |
|  | Commercial Activities |
|  | a. Animal Care and Veterinarian Services |
|  | b. Automotive Parking |
|  | C. Automotive Service and Repair |
|  | d. Building Materials and Farm Equipment |
|  | e. Consumer Repair Services |
|  | f. Construction Sales and Services |
|  | g. Convenience Commercial |
|  | h. Entertainment and Amusement Services |
|  | i. Financial, Consulting, and Administrative |
|  | j. Food and Beverage Service |
|  | k. Food Service - Drive-In |
|  | I. General Business and Communication Services |
|  | m. General Personal Service |

## Table 28

| 7.010 | Administration of the Resolution |
| --- | --- |
| 7.020 | The Enforcement Officer |
| 7.030 | Zoning Compliance Permits (Building Permits) |
| 7.040 | Temporary Use Permits |
| 7.050 | Inspections of Compliance |
| 7.060 | Procedure for Authorizing Special Exceptions |
| 7.070 | County Board of Zoning Appeals |
| 7.080 | Variances |
| 7.090 | Amendments to the Resolution |
| 7.100 | Penalties |
| 7.110 | Remedies |
| 7.120 | Separability |
| 7.130 | Interpretation |
| 7.140 | Effective Date |

## Table 29

| 1. | Variances shall be granted only where special circumstances or conditions, fully described in the finding of the Board, do not apply generally in the district. |
| --- | --- |
| 2. | Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested. |
| 3. | For reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this resolution would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance. There must be a deprivation of beneficial use of land. |
| 4. | The granting of any variance shall be in harmony with the general purposes and intent of this resolution and shall not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development. |
| 5. | In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the persons applying, therefore. |
| 6. | Variances shall not be granted within any flood prone area if an increase in the level of the 100-year flood would result from the proposed development. |