CHAPTER 5 SPECIFIC DISTRICT REGULATIONS SECTION 14-501 R-1, LOW DENSITY RESIDENTIAL DISTRICT

14-501.1 GENERAL DESCRIPTION

The purpose of the R-1 District is to provide a low density residential environment having good access to schools, public water and sewer, and other community services, but well separated from other incompatible uses and activities.

Within the R-1 Low Density Residential District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-501.2 PERMITTED USES

14-501.2A Single-family detached dwellings; excluding mobile homes.

14-501.2B Accessory buildings or uses customarily incidental to aforementioned permitted uses. Such uses may include noncommercial gardens and greenhouses, tool sheds, unattached carports and garages, swimming pools (subject to the conditions of Section 14-604.4 of this Official Zoning Code), gazebos and the like.

14-501.2C Television, radio, and satellite dish antennas when in compliance with conditions specified in Section 14-604.10 of this Official Zoning Code.

14-501.2D Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-501.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions:

14-501.3A Accessory apartments meeting the following conditions:

  1. Only one (1) accessory apartment per single-family dwelling shall be permitted.

  2. The accessory apartment shall be located within or connected to the single-family dwelling and shall be a clearly subordinate part thereof.

  3. The accessory apartment shall not exceed twenty-five (25) percent of the gross floor area of the principal dwelling; shall not be larger than eight-hundred (800) square feet; and shall not contain more than two (2) bedrooms.

  4. The principal dwelling shall be owner-occupied.

  5. All exterior entrances to the accessory apartment shall be made from the rear or side of the principal dwelling.

  6. Two (2) additional off-street parking spaces shall be provided.

  7. The accessory apartment shall conform with all applicable housing and building codes.

  8. A floor plan and site plan depicting all proposed changes to the single-family dwelling shall be submitted.

14-501.3B Public utilities such as water, sewer, gas, electric, cable TV and telephone but limited to those facilities necessary to serve the immediate neighborhood and excluding general office buildings, warehouses and storage areas. Opaquescreening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-501.3C Municipal fire or police substation subject to the following conditions:

  1. Sites shall contain a minimum of one (1) acre and have a minimum street frontage of one-hundred fifty (150) feet.

  2. They shall be located on an arterial or collector street only.

  3. Such facilities shall be set back a minimum of fifty (50) feet from all lot lines.

  4. Opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all lot lines adjoining residentialproperties.

  5. Off-street parking shall be provided for all anticipated equipment, employees and visitors.

14-501.3D Where this district adjoins a commercial or industrial district without an intervening street, but with or without an intervening alley, off-street parking lots in connection with nearby commercial or industrial uses, provided:

  1. Such parking lots may be permitted only between the commercial or industrial district and the nearest street in the residential district.

  2. Opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along edges of portions of such lots adjoining residential districts as the Board of Zoning Appeals may direct.

  3. The design requirements for parking spaces and lots in Section 14-301.5 of this Official Zoning Code shall be complied with.

  4. No source of illumination for such lots shall be directly visible from any window in any residence in the residential district.

  5. There shall be no movement of vehicles on such lots between the hours of

10:00 p.m. and 6:00 a.m. and the Board of Zoning Appeals may impose greater limitations.

6. There shall be no sales or service activity on such lots. 14-501.4 USES PROHIBITED 14-501.4A Mobile homes; two-family dwellings; and multi-family dwellings. 14-501.4B Storage or overnight parking of commercial or industrial vehicles. 14-501.4C Commercial and industrial uses. 14-501.4D Outdoor storage of any type, except that in connection with and on the premise of

active building and/or land developments.

14-501.4E Any other use or structure not specifically permitted or permitted on appeal.

14-501.5 MINIMUM LOT AREA, WIDTH,

AND YARD REQUIREMENTS

The principal building shall be located so as to comply with the following requirements: 14-501.5A Minimum lot area...................................................................15,000 sq. ft. 14-501.5B Minimum lot width at building line.......................................75 ft. 14-501.5C Minimum depth of front yard ................................................40 ft. 14-501.5D Minimum depth of rear yard..................................................50 ft. 14-501.5E Minimum interior side yard:

  1. One or two story building ..........................................15 ft.

  2. Three story building...................................................20 ft.

14-501.5F Minimum side yard on street side corner lots ..............................................................................40 ft.

14-501.5G On lots fronting on the east right-of-way of North Chancery Street as it exists on the date this Ordinance is adopted from its intersection with New Smithville Highway and Hobson Street to the U.S. Highway 70 Bypass the minimum depth of the front yard shall be 47 1/2 feet. This depth shall be reduced to 40 feetprovided 7 1/2 of additional right-of-way for the east right-of-way of North Chancery Street has been obtained or dedicated from the lot. (As amended by Ordinance No. 1267 on August 18, 1997).

14-501.6 LOCATION OF ACCESSORY BUILDINGS

Accessory buildings shall meet the following provisions:

14-501.6A No accessory building shall be erected in any required front or side yard.

14-501.6B Accessory buildings shall not cover more than twenty (20) percent of the required rear yard.

14-501.6C Minimum setback from other buildings.................................10 ft. 14-501.6D Minimum setback from all lot lines.......................................5 ft. 14-501.6E Minimum setback for street side

corner lots ..............................................................................40 ft. 14-501.6F Maximum height........................................................1 story or 18 ft. 14-501.7 MAXIMUM BUILDING AREA

On any lot the area occupied by all buildings, including accessory buildings, shall notexceed twenty-five (25) percent of the total area of such lot.

14-501.8 PARKING REQUIREMENTS Uses in the R-1 District shall conform with the provisions of Section 14-301 of this Official Zoning Code.

14-501.9 ACCESS REQUIREMENTS Uses in the R-1 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-501.10 MAXIMUM BUILDING HEIGHT No structure in the R-1 District shall exceed thirty-five (35) feet or three (3) stories in building height. 14-501.11 SIGN REQUIREMENTS No billboards or similar off-premise advertising structures are allowed in the R-1 District; all other signs and similar advertising structures shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB) 14-501.12 PLOT PLAN OR SITE PLAN REQUIREMENTS All developments in the R-1 District requiring building permits shall conform with the applicable plot plan requirements in Section 14-704 of this Official Zoning Code or site plan requirements in Section 14-705 of this Official Zoning Code.

SECTION 14-502 R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT

14-502.1 GENERAL DESCRIPTION

The purpose of the R-2 District is to provide a medium density residential environment having good access to schools, public water and sewer, and other community services, but well separated from other incompatible uses and activities.

Within the R-2 High Density Residential District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-502.2 PERMITTED USES

14-502.2A Single-family detached and two-family dwellings, excluding mobile homes.

14-502.2B Accessory apartments for single-family detached dwellings when in conformance with the provisions of Section 14-501.3A of this Official Zoning Code.

14-502.2C Accessory buildings or uses customarily incidental to aforementioned permitted uses. Such uses may include noncommercial gardens and greenhouses, tool sheds, unattached carports and garages, swimming pools (subject to the provisions of Section 14-604.4 of this Official Zoning Code) and the like.

14-502.2D Television, radio, and satellite dish antennas when in compliance with the conditions specified in Section 14-604.10 of this Official Zoning Code.

14-502.2E Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-502.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions:

14-502.3A Multi-family dwellings and apartments provided that the following conditions are complied with:

  1. Application and site plan as required in Section 14-602.1 of this Official Zoning Code shall be submitted to and approved by the McMinnville Building Inspector.

  2. Development standards as required in Section 14-602.2 of this Official Zoning Code shall be complied with.

14-502.3B Bed and breakfast establishments and the renting of rooms by the residents on premises provided that the floor area used for said purpose may not exceed twenty-five (25) percent of total habitable floor area of the dwelling, and provided that the following additional conditions are complied with:

  1. Three (3) off-street parking spaces shall be provided for the residence plus one (1) additional space for each room offered for rent. Requiredadditional parking shall not be allowed in any front yard.

  2. Signs associated with bed and breakfast establishments shall meet the requirements of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-502.3C Churches and other places of worship when in compliance with conditions specified in Section 14-604.7 of this Official Zoning Code.

14-502.3D Schools offering general education courses when in compliance with conditions specified in Section 14-604.8 of this Official Zoning Code.

14-502.3E Public parks and public recreational facilities meeting the following conditions:

  1. A minimum lot area of one-half (1/2) acre with a minimum lot width of fifty (50) feet at the building setback line shall be provided.

    1. The minimum depth of the front yard shall be thirty-five (35) feet and the minimum depth of the side and rear yards shall be twenty-five (25) feet. The minimum side yard on the street side of corner lots shall be thirty-five

    2. (35) feet.
  2. The maximum lot coverage for all enclosed buildings shall be ten (10) percent.

14-502.3F Public utilities such as water, sewer, gas, electric, cable TV and telephone, but limited to those facilities necessary to serve the immediate neighborhood and excluding general office buildings, warehouses, and storage areas. Opaquescreening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-502.3G Municipal uses such as fire or police substation subject to the following conditions:

  1. Sites shall contain a minimum of one-half (1/2) acre and have a minimumstreet frontage of one-hundred (100) feet.

  2. Shall be located on an arterial or collector street only.

    1. Such facilities shall have a minimum rear yard of fifty (50) feet, minimumside yard of twenty-five (25) feet, and a minimum front yard of thirty-five

    2. (35) feet.
  3. Opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all lot lines adjoining residentialproperties.

  4. Off-street parking shall be provided for all anticipated equipment, employees and visitors.

14-502.3H Day care home for the care of up to seven (7) children, provided they meet the minimum standards established by the Tennessee Department of Human Services for such facilities and provided that the conditions specified in Section 14-604.9 of this Official Zoning Code are complied with.

14-502.3I Customary home occupations provided that the conditions specified in Section 14-604.3 of this Official Zoning Code are complied with.

14-502.3J Parking Lots. Where this district adjoins a commercial or industrial district without an intervening street, but with or without an intervening alley, off-street parking lots in connection with nearby commercial or industrial uses, provided that the following conditions are complied with:

  1. Such parking lots may be permitted only between the commercial or industrial district and the nearest street in the residential district.

  2. Opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along edges of portions of such lots adjoining residential districts as the Board of Zoning Appeals may direct.

  3. The design requirements for parking spaces and lots in Section 14-301.5 of this Official Zoning Code shall be complied with.

  4. The lighting for such lots shall be directed downward or otherwisefocused so as not to shine directly on adjacent residential structures.

    1. There shall be no movement of vehicles on such lots between the hours of

    2. 10:00 p.m. and 6:00 a.m. and the Board of Zoning Appeals may impose greater limitations at the time of the hearing.
  5. There shall be no sales or service activity on such lots.

14-502.3K Tea rooms, provided that the following conditions are complied with:

  1. Shall only be located in existing residential structures converted for theoperation of a tea room and shall as much as possible maintain the exterior appearance of a residential structures.

    1. Shall be open only for lunch between the hours of 11:00 a.m. and 2:00

    2. p.m.
  2. Shall be considered as restaurants for off-street parking requirements and shall conform with the provisions of Section 14-301 of this Official Zoning Code.

  3. Areas provided for off-street parking lots which adjoin residential lotsshall have opaque screening in conformance with Section 14-601 of this Official Zoning Code along all shared lot lines.

  4. Shall be considered as customary home occupations for sign requirements and shall conform with the provision of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-502.3L Elderly housing and residential homes for the aged, provided the following conditions are complied with: (As amended by Ordinance No. 1279 on 2/17/98)

  1. Application and site plan requirements and development standards for multi-family dwellings as specified in Section 14-602 of this Official Zoning Code shall be complied with.

  2. Minimum lot area, width, and yard requirements for multi-family dwellings as specified in Section 14-502.5 of this Official Zoning Code shall be complied with.

  3. Parking requirements of Section 14-301.1A(6) of this Official Zoning Code shall be complied with.

14-502.4 USES PROHIBITED
14-502.4A Mobile homes.
14-502.4B Storage or overnight parking of commercial or industrial vehicles.
14-502.4C Outdoor storage of any type, except that in connection with and on the premise of

active building and/or land developments. 14-502.4D Any other use or structure not specifically permitted or permitted on appeal. 14-502.5 MINIMUM LOT AREA, WIDTH,

AND YARD REQUIREMENTS The principal building or buildings shall be located so as to comply with the following requirements: 14-502.5A Minimum lot area for single-family

dwelling unit ..........................................................................7,500 sq. ft. 14-502.5B Each additional dwelling unit ................................................7,000 sq. ft. 14-502.5C Minimum lot width at building line:

  1. Single-family dwelling ..............................................60 ft.

  2. Two-family dwelling .................................................75 ft.

3. Multi-family dwelling................................................100 ft. 14-502.5D Minimum depth of front yard ................................................35 ft. 14-502.5E Minimum depth of rear yard..................................................25 ft. 14-502.5F Minimum interior side yard:

  1. Single-family dwelling ..............................................10 ft.

  2. Two-family dwelling .................................................15 ft.

  3. Multi-family dwelling................................................20 ft.

14-502.5G Minimum side yard for street side corner lots ..............................................................................35 ft.

14-502.6 LOCATION OF ACCESSORY BUILDINGS

Accessory buildings shall meet the following provisions: 14-502.6A No accessory building shall be erected in any required front or side yard. 14-502.6B Accessory buildings shall not cover more than twenty (20) percent of the required

rear yard. 14-502.6C Minimum setback from other buildings.................................10 ft. 14-502.6D Minimum setback from all lot lines.......................................5 ft. 14-502.6E Minimum setback for street side

corner lots ..............................................................................35 ft. 14-502.6F Maximum height........................................................1 story or 18 ft. 14-502.7 MAXIMUM BUILDING AREA

On any lot the area occupied by all buildings, including accessory buildings, shall notexceed thirty (30) percent of the total area of such lot.

14-502.8 PARKING REQUIREMENTS Uses in the R-2 District shall conform with the provisions of Section 14-301 of this Official Zoning Code.

14-502.9 ACCESS REQUIREMENTS Uses in the R-2 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-502.10 MAXIMUM BUILDING HEIGHT No Structure in the R-2 District shall exceed thirty-five (35) feet or three (3) stories in building height. 14-502.11 SIGN REQUIREMENTS No billboards or similar off-premise advertising structures are allowed in the R-2 District, all other signs or similar advertising structures shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-502.12 PLOT PLAN OR SITE PLAN REQUIREMENTS

All developments in the R-2 District requiring building permits shall conform with the applicable plot plan requirements in Section 14-704 of this Official Zoning Code or site plan requirements in Section 14-705 of this Official Zoning Code.

SECTION 14-503 R-3 HIGH DENSITY RESIDENTIAL DISTRICT

14-503.1 GENERAL DESCRIPTION

The purpose of the R-3 District is to provide a high density residential environment having good access to schools, public water and sewer, and other community services, but well separated from other incompatible uses and activities.

Within the R-3 High Density Residential District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-503.2 PERMITTED USES

14-503.2A Single-family detached and two-family attached dwellings.

14-503.2B Accessory apartments for single-family detached dwellings when in conformance with the provisions of Section 14-501.3A of this Official Zoning Code.

14-503.2C Multi-family dwellings and apartments; provided an application and site plan as required in Section 14-602.1 of this Official Zoning Code are submitted to and approved by the Building Inspector and provided the development standards required in Section 14-602.2 of this Official Zoning Code are complied with.

14-503.2D Accessory buildings or uses customarily incidental to aforementioned permitted uses. Such uses may include noncommercial gardens and greenhouses, tool sheds, unattached garages and carports, swimming pools (subject to the provisions of Section 14-604.4 of this Official Zoning Code) and the like.

14-503.2E Television, radio, and satellite dish antennas when in compliance with the provisions of Section 14-604.10 of this Official Zoning Code.

14-503.2F Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-503.2G Elderly housing and residential homes for the aged provided the application and site plan requirements and development standards for multi-family dwellings as specified in Section 14-602 of this Official Zoning Code are complied with, provided the minimum lot requirements for multi-family dwellings as specified in Section 14-503.5 of this Official Zoning Code are complied with, and provided the parking requirements of Section 14-301.1A(6) of this Official Zoning Code are complied with. (As amended by Ordinance No. 1279 on 2/17/98)

14-503.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards to protect the character of the neighborhood, the Board of Zoning Appeals may permit as special exceptions:

14-503.3A Bed and breakfast establishments and the renting of rooms by the residents on premises provided that the floor area used for said purpose may not exceed fifty

(50) percent of total habitable floor area of the dwelling, and provided that the following additional conditions are complied with:

  1. Three (3) off-street parking spaces shall be provided for the residence plus one additional space for each room offered for rent. Required additionalparking shall not be allowed in any front yard.

  2. Signs associated with bed and breakfast establishments shall meet the requirements of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-503.3B Churches and other places of worship provided that the conditions specified in Section 14-604.7 of this Official Zoning Code are complied with.

14-503.3C Schools offering general education courses provided that the conditions specified in Section 14-604.8 of this Official Zoning Code are complied with.

14-503.3D Public parks and public recreational facilities provided that the conditionsspecified in Section 14-502.3E of this Official Zoning Code are complied with.

14-503.3E Public utilities such as water, sewer, gas, electric, cable TV and telephone but limited to those facilities necessary to serve the immediate neighborhood and excluding general office buildings, warehouses, and storage areas. Opaquescreening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-503.3F Municipal uses such as fire or police substations provided that the conditions specified in Section 14-502.3G of this Official Zoning Code are complied with.

14-503.3G Daycare home for the care of up to seven (7) children, provided they meet the minimum standards established by the Tennessee Department of Human Services for such facilities and provided that the conditions specified in Section 14-604.9 of this Official Zoning Code are complied with.

14-503.3H Customary home occupations provided that the conditions specified in Section 14-604.3 of this Official Zoning Code are complied with.

14-503.3I Parking lots. Where this district adjoins a commercial or industrial district without an intervening street, but with or without an intervening alley, off-street parking lots in connection with nearby commercial or industrial uses, provided that the conditions specified in Section 14-502.3J of this Official Zoning Code are complied with.

14-503.3J Tea rooms, provided the conditions specified in Section 14-502.3K of this Official Zoning Code are complied with.

14-503.4 USES PROHIBITED
14-503.4A Mobile homes.
14-503.4B Storage or long-term parking of commercial or industrial vehicles.
14-503.4C Outdoor storage of any type, except that in connection with and on the premise of

active building and/or land development. 14-503.4D Any other use or structure not specifically permitted or permitted on appeal. 14-503.5 MINIMUM LOT AREA, WIDTH,

AND YARD REQUIREMENTS The principal building shall be located so as to comply with the following requirements: 14-503.5A Minimum lot area single-family

dwelling unit ..........................................................................5,000 sq. ft. 14-503.5B Each additional dwelling unit ................................................3,000 sq. ft. 14-503.5C Minimum lot width at building line:

  1. Single-family dwelling ..............................................50 ft.

  2. Two-family dwelling .................................................75 ft.

    1. Multi-family dwelling................................................100 ft. 14-503.5D Minimum depth of front yard ................................................35 ft. 14-503.5E Minimum depth of rear yard..................................................20 ft. 14-503.5F Minimum interior side yard:

      1. Single-family dwelling ..............................................10 ft.

      2. Two-family dwelling .................................................15 ft.

  1. Multi-family dwelling................................................20 ft. 14-503.5G Minimum side yard for street side corner lots ..............................................................................35 ft. 14-503.6 LOCATION OF ACCESSORY BUILDINGS

Accessory buildings shall meet the following provisions: 14-503.6A No accessory building shall be erected in any required front or side yard. 14-503.6B Accessory buildings shall not cover more than twenty (20) percent of the required

rear yard.

14-503.6C Minimum setback from other buildings.................................10 ft. 14-503.6D Minimum setback from all lot lines.......................................5 ft. 14-503.6E Minimum setback for street side

corner lots ..............................................................................35 ft.
14-503.6F Maximum height........................................................1 story or 18 ft.

14-503.7 MAXIMUM BUILDING AREA On any lot the area occupied by all buildings, including accessory buildings, shall notexceed thirty (30) percent of the total area of such lot. 14-503.8 PARKING REQUIREMENTS Uses in the R-3 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-503.9 ACCESS REQUIREMENTS Uses in the R-3 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-503.10 MAXIMUM BUILDING HEIGHT No structure in the R-3 District shall exceed thirty-five (35) feet or three (3) stories in building height. 14-503.11 SIGN REQUIREMENTS No billboards or similar off-premise advertising structures are allowed in the R-3 District, all other signs or similar advertising structures shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B) 14-503.12 PLOT PLAN OR SITE PLAN REQUIREMENTS All developments in the R-3 District requiring building permits shall conform with the applicable plot plan requirements in Section 14-704 of this Official Zoning Code or site plan requirements in Section 14-705 of this Official Zoning Code.

SECTION 14-504 R-4 RESIDENTIAL MOBILE HOME DISTRICT

14-504.1 GENERAL DESCRIPTION

The purpose of the R-4 District is to provide a suitable environment for individuals who desire a predominantly single-family detached residential area in which a variety of housing types are permitted and in which mobile homes would be a use compatible and unobtrusive to the area.

Within the R-4 Residential Mobile Home District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-504.2 PERMITTED USES

14-504.2A Single-family detached dwellings.

14-504.2B Accessory apartments in single-family detached dwellings when in conformance with the provisions of Section 14-501.3A of this Official Zoning Code.

14-504.2C Mobile homes on individual lots when meeting the conditions set forth in Section 14-603 of this Official Zoning Code.

14-504.2D Churches and other places of worship provided that the conditions specified in Section 14-604.7 of this Official Zoning Code are complied with.

14-504.2E Schools offering general education courses provided that the conditions specified in Section 14-604.8 of this Official Zoning Code are complied with.

14-504.2F Public parks and public recreational facilities provided that the conditionsspecified in Section 14-502.3E of this Official Zoning Code are complied with:

14-504.2G Public utilities such as water, sewer, gas, electric, cable TV and telephone, but limited to those facilities necessary to serve the immediate neighborhood and excluding general office buildings, warehouses, and storage areas. Opaquescreening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-504.2H Municipal uses such as fire or police substation provided that the conditionsspecified in Section 14-502.3G of this Official Zoning Code are complied with.

14-504.2I Accessory buildings or uses customarily incidental to aforementioned permitted uses. Such uses may include noncommercial gardens and greenhouses, tool sheds, unattached carports and garages, swimming pools (subject to the provisions of Section 14-604.4 of this Official Zoning Code) and the like.

14-504.2J Television, radio and satellite dish antennas when in conformance with the provisions of Section 14-604.10 of this Official Zoning Code.

14-504.2K Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-504.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards to protect the character of the neighborhood, the Board of Zoning Appeals may permit as special exceptions:

14-504.3A Bed and breakfast establishments and the renting of rooms by the residents on premises provided that the floor area used for said purpose may not exceed fifty

(50) percent of total habitable floor area of the dwelling, and provided that the following additional conditions are complied with:

  1. Three (3) off-street parking spaces shall be provided for the residence plus one additional space for each room offered for rent. Required additionalparking shall not be allowed in any front yard.

  2. Signs associated with bed and breakfast establishments shall meet the requirements of Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-504.3B Daycare homes for the care of up to seven (7) children, provided they meet the minimum standards established by the Tennessee Department of Human Services for such facilities and provided that the conditions specified in Section 14-604.9 of this Official Zoning Code are complied with.

14-504.3C Customary home occupations provided that the conditions specified in Section 14-604.3 of this Official Zoning Code are complied with.

14-504.3D Parking lots. Where this district adjoins a commercial or industrial district without an intervening street, but with or without an intervening alley, off-street parking lots in connection with nearby commercial or industrial uses, provided that the conditions specified in Section 14-502.3J of this Official Zoning Code are complied with.

14-504.3E Residential mobile home parks provided that the site of the park is approved by the Board of Zoning Appeals and provided that the following minimum standards are met:

  1. The proposed site shall contain a minimum of three (3) acres.

  2. Overall density shall not exceed ten (10) mobile home sites per acre.

  3. No mobile home sales or service shall be allowed.

  4. All standards set forth in Section 14-603 of this Official Zoning Code shall be complied with.

14-504.3F Tea rooms, provided that the conditions specified in Section 14-502.3K of this Official Zoning Code are complied with.

14-504.4 USES PROHIBITED 14-504.4A Storage or overnight parking of commercial or industrial vehicles. 14-504.4B Outdoor storage of any type, except that in connection with and on the premise of

active building and/or land developments. 14-504.4C Any other use or structure not specifically permitted or permitted on appeal. 14-504.5 MINIMUM LOT AREA, WIDTH

AND YARD REQUIREMENTS

The principal building shall be located so as to comply with the following requirements: 14-504.5A Minimum lot area...................................................................5,000 sq. ft. 14-504.5B Minimum lot width at building

setback line ............................................................................50 ft.
14-504.5C Minimum depth of front yard ................................................25 ft.
14-504.5D Minimum depth of rear yard..................................................20 ft.
14-504.5E Minimum interior side yard ..................................................10 ft.
14-504.5F Minimum side yard for street side

corner lots ..............................................................................25 ft. 14-504.6 LOCATION OF ACCESSORY BUILDINGS

Accessory buildings shall meet the following provisions: 14-504.6A No accessory building shall be erected in any required front or side yard. 14-504.6B Accessory buildings shall not cover more than twenty-five (25) percent of the

required rear yard. 14-504.6C Minimum setback from other buildings.................................10 ft. 14-504.6D Minimum setback from all lot lines.......................................5 ft. 14-504.6E Minimum setback for street side

corner lots ..............................................................................20 ft. 14-504.6F Maximum height........................................................1 story or 18 ft. 14-504.7 MAXIMUM BUILDING AREA

On any lot the area occupied by all buildings, including accessory buildings, shall notexceed thirty (30) percent of the total area of such lot.

14-504.8 PARKING REQUIREMENTS Uses in the R-4 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-504.9 ACCESS REQUIREMENTS Uses in the R-4 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-504.10 MAXIMUM BUILDING HEIGHT No structure in the R-4 District shall exceed thirty-five (35) feet or three (3) stories in building height. 14-504.11 SIGN REQUIREMENTS No billboards or similar off-premise advertising structures are allowed in the R-4 District. All other signs or similar advertising structures shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB) 14-504.12 PLOT PLAN OR SITE PLAN REQUIREMENTS All developments in the R-4 District requiring building permits shall conform with the applicable plot plan requirements in Section 14-704 of this Official Zoning Code or site plan requirements in Section 14-705 of this Official Zoning Code.

SECTION 14-505 R-5 RESIDENTIAL
COMMERCIAL DISTRICT
14-505.1 GENERAL DESCRIPTION

The purpose of the R-5 District is to provide a transitional area allowing a mixture of residential and commercial uses that are located, designed, and screened to allow an area of compatible uses existing and functioning in harmony and without conflict. It is the intent of the R-5 District to allow new and expanded commercial uses within the district while at the same time providing a high level of protection to the existing residential structures in the area.

Within the R-5, Residential-Commercial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-505.2 PERMITTED USES

14-505.2A Single-family detached and two-family attached dwellings; excluding mobile homes.

14-505.2B Accessory apartments in single-family detached dwellings when in conformance with the provisions of Section 14-501.3A of this Official Zoning Code.

14-505.2C Limited retail business uses such as dress shops, florists, gift shops, stationery stores, antique shops, arts and craft supplies, and beauty and barber shops.

14-505.2D Bed and breakfast establishments and tea rooms.

14-505.2E Professional offices for doctors, dentists, lawyers, architects, accountants, engineers, insurance agents, real estate agents, surveyors and the like.

14-505.2F Television, radio and satellite dish antennas when in conformance with the provisions of Section 14-604.10 of this Official Zoning Code.

14-505.2G Taking of boarders or the leasing of rooms by the family residing on the premises; provided that not over fifty (50) percent of the total floor area of the dwelling is so used.

14-505.2H Accessory buildings or uses customarily incidental to aforementioned permitted uses.

14-505.2I Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-505.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions:

14-505.3A Daycare homes for the care of up to seven (7) children, provided they meet the minimum standards established by the Tennessee Department of Human Services for such facilities and provided that the conditions specified in Section 14-604.9 of this Official Zoning Code are complied with.

14-505.3B Public utilities such as water, sewer, gas, electric, cable TV and telephone but limited to those facilities necessary to serve the immediate neighborhood and excluding general office buildings, warehouses, and storage areas. Opaquescreening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-505.3C Municipal uses such as fire or police substations provided that the conditions specified in Section 14-502.3G of this Official Zoning Code are complied with.

14-505.3D Public parks and public recreational facilities provided that the conditionsspecified in Section 14-502.3E of this Official Zoning Code are complied with.

14-505.3E Churches and other places of worship provided that the conditions specified in Section 14-604.7 of this Official Zoning Code are complied with:

14-505.3F Community/Grocery, mini markets and the like provided that no sales of flammable liquids, including gasoline, shall be permitted and provided that the off-street parking requirements of Section 14-301 of this Official Zoning Code are complied with.

14-505.4 USES PROHIBITED

14-505.4A Storage or overnight parking of commercial or industrial vehicles.

14-505.4B Outdoor storage of any type, except that in connection with and on the premise of active building and/or land developments.

14-505.4C Any other use or structure not specifically permitted or permitted on appeal.

14-505.5 MINIMUM LOT AREA, WIDTH AND YARD REQUIREMENTS

The principal building shall be located so as to comply with the following requirements:

14-505.5A Minimum lot area...................................................................7,500 sq. ft.

14-505.5B Minimum lot area two-family................................................10,000 sq. ft.

14-505.5C Minimum lot width at building setback line ............................................................................60 ft.

14-505.5D Minimum depth of front yard ................................................30 ft.

14-505.5E Minimum depth of rear yard..................................................30 ft. 14-505.5F Minimum side yard on each side ...........................................15 ft. 14-505.5G Minimum side yard for street side

corner lots ..............................................................................30 ft. 14-505.5H Additional yard requirements:

  1. No part of any required front yard may be encroached upon in order to comply with off-street automobile storage requirements.

  2. No living trees which contribute to the character of the district may be removed from existing front yards.

  3. When a nonresidential use abuts a residential lot, a buffer strip of ten (10) feet in width with semi-opaque screening in conformance with Section 14601 of this Official Zoning Code shall be provided along all lot linesshared with residential uses.

14-505.6 LOCATION OF ACCESSORY BUILDINGS

Accessory buildings shall meet the following provisions: 14-505.6A No accessory building shall be erected in any required front or side yard. 14-505.6B Accessory buildings shall not cover more than twenty-five (25) percent of the

required rear yard. 14-505.6C Minimum setback from other buildings.................................10 ft. 14-505.6D Minimum setback from all lot lines.......................................5 ft. 14-505.6E Minimum setback for street side

corner lots ..............................................................................30 ft. 14-505.6F Maximum height........................................................1 story or 18 ft. 14-505.7 MAXIMUM BUILDING AREA

On any lot the area occupied by all buildings, including accessory buildings, shall notexceed thirty (30) percent of the total area of such lot.

14-505.8 PARKING REQUIREMENTS Uses in the R-5 District shall conform with the provisions of Sections 14-301 and 14505.5H of this Official Zoning Code.

14-505.9 ACCESS REQUIREMENTS Uses in the R-5 District shall conform with the provisions of Section 14-302 of this Official Zoning Code.

14-505.10 MAXIMUM BUILDING HEIGHT

No structure in the R-5 District shall exceed thirty-five (35) feet or three (3) stories in building height.

14-505.11 SIGN REQUIREMENTS

No billboards or similar off-premise advertising structures are allowed in the R-5 District. All other signs or similar advertising structures shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB)

14-505.12 PLOT PLAN OR SITE PLAN REQUIREMENTS

All developments in the R-5 District requiring building permits shall conform with the applicable plot plan requirements in Section 14-704 of this Official Zoning Code or site plan requirements in Section 14-705 of this Official Zoning Code.

SECTION 14-506 C-1 CENTRAL
COMMERCIAL DISTRICT
14-506.1 GENERAL DESCRIPTION

The purpose of the C-1 District is to provide an area for the conduct of community and regional retail and service business of an indoor and intensive nature, especially for those sales and service uses which require a central location, which generate substantial pedestrian traffic, and which are mutually benefitted by close proximity to other uses of a similar nature.

Within the C-1 Central Commercial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-506.2 PERMITTED USES
14-506.2A Business and personal services but limited to the following types of establishments: Appliance repair, barber and beauty shops, coin operated cleaning and laundry, copy service, day care centers, dry cleaning and laundry pickup, employment agency, financial service, insurance agency, interior decorating, legal service, locksmith, office equipment repair, photographic service, real estate agency, shoe repair, tailoring, travel agencies and similar uses.
14-506.2B Retail trade but limited to the following types of establishments: Antique shop,apparel shop, appliance shop, bakery-retail, bookstore, camera and photographic supply, caterer, confectionery, drapery sales, drug store, electronic shop, florist-retail, fruit market, furniture-retail, gift shop, grocery store-retail, handicrafts, hardware, jewelry, meat market, music store, office supplies, optical goods, restaurant, sporting goods, video sales and rental, and similar uses.
14-506.2C Professional offices for doctors, dentists, lawyers, architects, artists, engineers and the like.
14-506.2D Federal, state, county and municipal uses except outside storage areas.
14-506.2E Public and semi-public uses; but limited to the following types of establishments: Church or similar place of worship, charitable, fraternal or social organization.
14-506.2F Off-street parking lots meeting the design requirements of Section 14-301.5 of this Official Zoning Code.
14-506.2G Amusement and recreational services; but limited to the following types of establishments: Club or lodge, indoor theater, public parks, and private recreational facility.
14-506.2H Accessory structures and uses incidental and subordinate to the principal
structure.
14-506.2I Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-506.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions:

14-506.3A Multi-family apartments and mixed commercial/multi-family apartments (new construction or rehabilitation of existing structure) provided that the following conditions are complied with:

  1. The off-street parking requirements of Section 14-301 of this Official Zoning Code shall be complied with.

  2. A minimum square footage per dwelling unit of 650 sq. ft. for a one-bedroom unit, 800 sq. ft. for a two-bedroom unit, and 1000 sq. ft. for a three-bedroom unit shall be provided.

  3. All municipal building and fire codes shall be adhered to.

  4. All new residential construction shall meet the minimum lot area, width and yard requirements as required in the R-3 High Density Residential District.

14-506.3B Limited manufacturing for an on-premise business or service provided the following conditions are complied with:

  1. The manufacturing area shall not occupy more than forty (40) percent of the floor area.

  2. No more than five (5) operators shall be employed.

  3. All municipal building and fire codes shall be adhered to.

14-506.3C Automobile sales (new and used) and automobile rentals provided the following conditions are complied with:

  1. Shall be in conformance with the provisoins of Section 14-601 of this Official Zoning Code.

  2. Shall not be located on public street of a classification of less than major collector status.

  3. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-506.4 USES PROHIBITED

14-506.4A Outdoor storage of any type, except that in connection with and on the premise of active building and/or land developments.

14-506.4B Any other use or structure not specifically permitted or permitted on appeal.

14-506.5 MINIMUM LOT AREA, WIDTH AND YARD REQUIREMENTS

All buildings or structures hereafter constructed in the C-1 District shall be located so as to comply with the following requirements:

14-506.5A On corner lots in the C-1 District, no obstruction to vision shall hereafter be placed or erected in such a manner as to materially impede visibility between a height of two (2) feet and ten (10) feet above the grades of the intersecting streets at their point of intersection in an area defined by the street lines adjoining said corner lot and a line joining points along said street lines twenty-five (25) feet from the point of intersection.

14-506.5B Unless otherwise provided or required to meet other provisions, no front, rear or side yard setback is required in the C-1 District.

14-506.5C On lots adjacent to a residential district, all buildings or structures shall be located so as to conform with the side and/or rear yard requirements of the adjacent residential district.

14-506.6 MAXIMUM BUILDING AREA

None except as necessary to meet all other requirements.

14-506.7 SCREENING REQUIREMENTS

Where a lot line is shared with an adjacent residential lot, the owner of the commercial lot shall provide opaque screening in conformance with Section 14-601 of this Official Zoning Code along the entire shared lot line or lines so as to provide a pleasant buffer between the two different but contiguous land uses.

14-506.8 PARKING REQUIREMENTS

None unless required under other provisions.

14-506.9 ACCESS REQUIREMENTS

Uses in the C-1 District shall conform with the provisions of Section 14-302 of this Official Zoning Code.

14-506.10 MAXIMUM BUILDING HEIGHT

A building height of fifty (50) feet or four (4) stories may be permitted if automatic sprinkler systems and dry stand pipes with external fire department connections are provided. No other structure shall exceed thirty-five (35) feet or three (3) stories in building height.

14-506.11 SIGN REQUIREMENTS

All signs and similar advertising structures in the C-1 District shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB)

14-506.12 SITE PLAN REVIEW REQUIREMENTS

Uses in the C-1 District shall conform with the provisions of Section 14-705 of this Official Zoning Code.

SECTION 14-507 C-2 GENERAL
COMMERCIAL DISTRICT
14-507.1 GENERAL DESCRIPTION

The purpose of the C-2 District is to provide an area for the conduct of community and regional retail and service business dealing predominantly in those goods transportable by private auto and for those creating a substantial amount of automobile traffic. It is intended that such areas have properties of sufficient size so that activities performed thereon will not interfere with traffic circulation.

Within the C-2 General Commercial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-507.2 PERMITTED USES
14-507.2A Business and personal services; all those permitted in the C-1 Central Commercial District and including the following types of establishments: Drycleaning and laundry service, electrical repair, equipment rental, exterminating service, gunsmith, hotel and motels, small engine and motor repair, upholstering service, veterinary service-indoor, and similar uses.
14-507.2B Retail and wholesale trade; all those permitted in the C-1 Central Commercial District and including the following types of establishments: Automotive parts store, building materials, cabinet sales, department store, fertilizer sales-packaged, florist-wholesale, furniture sales, motorcycle sales, nursery and garden centers-retail, pet shop, restaurant-drive-in, and similar uses.
14-507.2C Public and semi-public uses, including the following types of establishments: Cemetery (subject to the provisions of Section 14-604.2 of this Official Zoning Code), charitable, fraternal or social organization, church or similar place of worship, (when in compliance with the conditions specified in Section 14-604.7 of this Official Zoning Code), community center, daycare center, funeral home, general office buildings, group homes, hospital, medical clinic, nursing home, schools, (when in compliance with the conditions specified in Section 14-604.8 of this Official Zoning Code), retirement center, temporary care facility and similar
uses.
14-507.2D Professional offices for doctors, dentists, lawyers, architects, artists, engineers and the like.
14-507.2E Federal, state, county and municipal uses.
14-507.2F Automotive and transportation services, limited to the following types of establishments: Automotive tire sales and tire repair, car wash, gasoline station (with no above ground storage of flammable material in excess of 500 gallons and subject to the provisions of Section 14-604.1 and 14-604.6 of this Official Zoning Code), off-street parking lots (meeting the design requirements of Section 14301.5 of this Official Zoning Code), taxicab stand, and similar uses.
14-507.2G Amusement and recreational services; all those permitted in the C-1 Central Commercial District and including the following types of establishments: health and physical fitness clubs.

14-507.2H Light manufacturing; limited to the following types of establishments: Commercial printing, laboratories, optical instruments and lenses, and similar uses.

14-507.2I Limited manufacturing for an on-premise business or service provided the following conditions are complied with:

1. The manufacturing area shall not occupy more than forty-nine (49) percent of the floor area.

2. No more than ten (10) operators shall be employed. 14-507.2J Newspaper, radio and television stations. 14-507.2K Accessory structures and uses incidental and subordinate to the principal

structure. 14-507.2L Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code. 14-507.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS) After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions: 14-507.3A Multi-family residential provided the following conditions are complied with:

  1. The minimum lot area, width and yard requirements as required in the R-3 High Density Residential District of this Official Zoning Code shall be complied with.

  2. The off-street parking requirements of Section 14-301 of this Official Zoning Code shall be complied with.

  3. The required standards of Section 14-602 of this Official Zoning Code shall be complied with.

14-507.3B Automobile sales (new and used) and automobile rentals provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall not be located on public street of a classification of less than major collector status.

  3. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-507.3C Automobile repair shops provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-507.3D Agriculture supply provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall not have any unpackaged fertilizer, feed, grain or pesticide storage nor any bulk fertilizer, feed, grain or pesticide sales.

  3. No milling, grinding or mixing of materials shall be permitted.

  4. No feed lots or stockyards shall be permitted.

14-507.3E Self-service storage facilities (mini-warehouses) provided the followingconditions are complied with:

  1. The sale or auction of any item at a self-service storage facility is specifically prohibited.

  2. Shall not be located on public street of a classification of less than major collector status.

  3. The standards of Section 14-604.5 of this Official Zoning Code shall be complied with.

14-507.3F Marine supply, including boat sales and service, provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall not be located on public streets of a classification of less than major collector status.

  3. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-507.4 USES PROHIBITED

14-507.4A Outdoor storage of any type, except that in connection with and on the premise of active building and/or land developments and except that permitted under the provisions of Section 14-604.6 of this Official Zoning Code.

14-507.4B Any other use or structure not specifically permitted or permitted on appeal.

14-507.5 MINIMUM LOT AREA, WIDTH AND YARD REQUIREMENTS

All buildings or structures, including accessory structures, hereafter constructed in the C2 District shall be located so as to comply with the following requirements:

14-507.5A Minimum lot requirements ............................None except as necessary to meet all other requirements.

14-507.5B Minimum depth of front yard ................................................40 ft.
14-507.5C Minimum depth of rear yard..................................................15 ft.
14-507.5D Minimum side yard on one side.............................................15 ft.
14-507.5E Minimum side yard for street side corner lots ..............................................................................40 ft.
14-507.5F On lots adjacent to a residential district all buildings or structures shall be located so as to conform with the side and/or rear yard requirements of the adjacent residential district.
14-507.5G On lots fronting on the west right-of-way of North Chancery Street as it exists on the date this Ordinance is adopted from its intersection with New Smithville Highway and Hobson Street to the U.S. Highway 70 Bypass the minimum depth of the front yard shall be 47 1/2 feet. This depth shall be reduced to 40 feetprovided 7 1/2 of additional right-of-way on the west right-of-way of North Chancery Street has been obtained or dedicated from the lot. (As amended by Ordinance No. 1267 on August 18, 1997).
14-507.6 MAXIMUM BUILDING AREA

None except as necessary to meet all other requirements. 14-507.7 SCREENING REQUIREMENTS Where a lot line is shared with an adjacent residential lot the owner of the commercial lot shall provide semi-opaque screening in conformance with Section 14-601 of this Official Zoning Code along the entire shared lot line or lines so as to provide a pleasant buffer between the two different but contiguous land uses. 14-507.8 PARKING REQUIREMENTS Uses in the C-2 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-507.9 ACCESS REQUIREMENTS Uses in the C-2 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-507.10 OFF-STREET LOADING AND UNLOADING SPACE REQUIREMENTS Uses in the C-2 District shall conform with the provisions of Section 14-303 of this Official Zoning Code. 14-507.11 MAXIMUM BUILDING HEIGHT No structure in the C-2 District shall exceed thirty-five (35) feet or three (3) stories in building height.

14-507.12 SIGN REQUIREMENTS

All signs and similar advertising structures in the C-2 District shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB)

14-507.13 SITE PLAN REVIEW REQUIREMENTS

Uses in the C-2 District shall conform with the provisions of Section 14-705 of this Official Zoning Code.

SECTION 14-508 C-3 HIGHWAY
COMMERCIAL DISTRICT
14-508.1 GENERAL DESCRIPTION

The purpose of the C-3 District is to provide an area for the conduct of heavy retail and wholesale commercial uses of a predominantly regional nature. It is generally intendedto promote the clustering and development of commercial facilities which are directly dependent on transient patronage and as such should be located on roads of no less than minor arterial classification. The C-3 District is also intended to provide areas for shopping centers, office buildings, and other commercial uses containing greater than 30,000 square feet of total floor space.

Within the C-3 Highway Commercial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-508.2 PERMITTED USES

14-508.2A Business and personal services; all those permitted in the C-2 General Commercial District (subject to the same conditions or provisions, if any) and including the following types of establishments: self-service storage facilities (mini-warehouses), meeting the provisions of Section 14-604.5 of this Official Zoning Code.

14-508.2B Retail and wholesale trade; all those permitted in the C-2 General Commercial District; and including the following types of establishments: bakery wholesale,grocery wholesale, meat sales wholesale, nursery and garden centers wholesale.

14-508.2C Public and semi-public uses; all those permitted in the C-2 General Commercial District (subject to the same conditions or provisions, if any).

14-508.2D Professional offices for doctors, dentists, lawyers, architects, artists, engineers and the like.

14-508.2E Federal, state, county and municipal uses.

14-508.2F Automotive and transportation services; all those permitted in the C-2 General Commercial District (subject to the same conditions or provisions, if any) and including the following types of establishments when meeting the provisions of Section 14-604.6 of this Official Zoning Code: automotive sales-new and used, automotive rentals, automotive repair shops, bus terminals, marine supply and boat sales and service, movers and moving equipment rentals, recreational vehicle sales.

14-508.2G Amusement and recreational services; all those permitted in the C-2 General Commercial District.

14-508.2H Light manufacturing; all those permitted in the C-2 General Commercial District and including the following: book binding, data processing service, printing, publishing, and record processing.

14-508.2I Limited manufacturing for an on-premise business or service provided the following conditions are complied with:

1. The manufacturing area shall not occupy more than forty-nine (49) percent of the floor area.

2. No more than ten (10) operators shall be employed. 14-508.2J Mobile home sales, equipment and parts. 14-508.2K Newspaper, radio and television studios. 14-508.2L Farm equipment sales and supplies, tractor sales. 14-508.2M Accessory structures or uses incidental and subordinate to the principal structures. 14-508.2N Temporary structures, subject to the provisions of Section 14-608 of this Official

Zoning Code. 14-508.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS) After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions: 14-508.3A Automobile wrecker service provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-508.3B Flea markets and the like provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. A site plan depicting the information required in Section 14-705 of this Official Zoning Code shall be submitted and in addition the site plan shall depict the number, location and size of all flea market stands and booths.

  3. All structures shall be constructed in compliance with all applicable building codes.

  4. A minimum of two (2) off-street parking spaces per booth or stand shall be provided.

  5. Off-street parking areas shall be in conformance with Section 14-301 of this Official Zoning Code.

  6. A minimum of one (1) central restroom facility, with separate facilities for men and women, shall be provided on the premises.

  7. The storage, collection and disposal of refuse shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

14-508.3C Truck sales and rentals and truck repairs provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall be in conformance with the provisions of Section 14-604.6 of this Official Zoning Code.

14-508.3D Agriculture supply provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall not have any unpackaged fertilizer, feed, grain, or pesticide storage nor any bulk fertilizer, feed, grain or pesticide sales.

  3. No milling, grinding, or mixing of materials shall be permitted.

4. No feed lots or stockyards shall be permitted. 14-508.4 USES PROHIBITED 14-508.4A Outdoor storage of any type, except that in connection with and on the premise of

active building and/or land developments and except that permitted under the provisions of Section 14-604.6 of this Official Zoning Code. 14-508.4B Any other use or structure not specifically permitted or permitted on appeal. 14-508.5 MINIMUM LOT AREA, WIDTH

AND YARD REQUIREMENTS All buildings or structures, including accessory structures, hereafter constructed in the C3 District shall be located so as to comply with the following requirements:

14-508.5A Minimum lot requirements ............................None except as necessary to meet all other requirements.

14-508.5B Minimum depth of front yard ................................................45 ft. 14-508.5C Minimum depth of rear yard..................................................15 ft. 14-508.5D Minimum side yard on one side.............................................15 ft. 14-508.5E Minimum side yard for street

side corner lots .......................................................................45 ft. 14-508.5F On lots adjacent to a residential district, all buildings or structures shall be located so as to conform with the side and/or rear yard requirements of the adjacent residential district.

14-508.6 MAXIMUM BUILDING AREA On any lot the area occupied by all buildings, including accessory structures, shall not exceed seventy-five (75) percent of the total area of such lot. 14-508.7 SCREENING REQUIREMENTS Where a lot line is shared with an adjacent residential lot, the owner of the commercial lot shall provide semi-opaque screening in conformance with Section 14-601 of this Official Zoning Code along the entire shared lot line or lines so as to provide a pleasant screen between the two different but contiguous land uses. 14-508.8 PARKING REQUIREMENTS Uses in the C-3 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-508.9 ACCESS REQUIREMENTS Uses in the C-3 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-508.10 OFF-STREET LOADING AND UNLOADING SPACE REQUIREMENTS Uses in the C-3 District shall conform with the provisions of Section 14-303 of this Official Zoning Code. 14-508.11 MAXIMUM BUILDING HEIGHT No structure located in the C-3 District shall exceed thirty-five (35) feet or three (3) stories in building height. 14-508.12 SIGN REQUIREMENTS All signs or similar advertising structures in the C-3 District shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB) 14-508.13 SITE PLAN REVIEW REQUIREMENTS Uses in the C-3 District shall conform with the provisions of Section 14-705 of this Official Zoning Code.

SECTION 14-509 I-1 LIGHT INDUSTRIAL DISTRICT

14-509.1 GENERAL DESCRIPTION

The purpose of the I-1 District is to provide an area in which the principal use of land is for light manufacturing and assembly plants, processing, storage, warehousing, wholesaling, and distribution. It is the intent that uses shall be restricted to activities that are safe and not a nuisance due to dust, fumes, noise, odor, refuse matter, smoke, vibration, water-carried waste or other adverse effects on surrounding areas.

Within the I-1, Light Industrial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-509.2 PERMITTED USES
14-509.2A Light industrial and manufacturing uses; all those permitted in the C-3 District and including the following types of establishments: apparel, appliance assembly, bakeries, beverage products, bottling machinery, dairy products, electronic devices and instruments, engineering, medical, and scientific instruments, excelsior, food products, furniture, glass and glassware, ice plant, industrial laundries, insulation products, jewelry products, laboratories, machine assembly, metal working machinery, motor vehicle and equipment assembly, musical instruments, office and computer equipment, optical instruments and lenses, paper products, pharmaceuticals, plastic products assembly, boat manufacturing and repair, sign manufacturing, textiles, textile machinery, tobacco products, toys, amusements, sporting and athletic goods, upholstering, watches and clocks, welding, and wood products, provided that any industrial or manufacturing use that may cause injurious or obnoxious noise, vibrations, smoke, gas fumes, odor, dust, fire hazard, or other objectionable conditions, shall be required to show that the proposed location, construction, and operation will not injure or disturb adjoining properties.
14-509.2B General office buildings.
14-509.2C Vocational learning and training centers, trade schools.
14-509.2D Day care facilities when located in connection with and on the same premises as permitted, principal uses and when used solely for the care of dependents ofemployees of said principal use.
14-509.2E Gasoline service stations, (meeting the provisions of Sections 14-604.1 and 14604.6 of this Official Zoning Code) automobile tire repair, motorcycle repair.
14-509.2F General contractors and specialty contractors.
14-509.2G Building materials and supplies.
14-509.2H Transfer or storage terminal, truck terminal and freight handling, packing and crating services.

14-509.2I Nursery-wholesale.
14-509.2J Restaurants when primarily intended to serve the needs of the industrial

community.

14-509.2K Industrial machinery and supplies sales, heavy equipment sales.

14-509.2L Warehousing, cold storage plant, distribution center, self-service storage facilities

(meeting the provisions of Section 14-604.5 of this Official Zoning Code).

14-509.2M Veterinarian hospitals and kennels.

14-509.2N Agriculture supplies and equipment sales and repairs.

14-509.2O Public utility structures, fire and police stations.

14-509.2P Accessory uses and structures.

14-509.2Q Temporary structures, subject to the provisions of Section 14-608 of this Official

Zoning Code. 14-509.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS) After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions: 14-509.3A Day care center provided that the following conditions are complied with:

  1. Shall meet the minimum standards established by the TennesseeDepartment of Human Services.

  2. Outdoor play space shall be fenced or otherwise enclosed to a minimumheight of four (4) feet on all sides.

14-509.3B Public parks and public recreational facilities meeting the following conditions:

  1. A minimum lot area of one-half (1/2) acre with a minimum lot width of fifty (50) feet at the building setback line shall be provided.

    1. The minimum depth of the front yard shall be thirty-five (35) feet and the minimum depth of the side and rear yards shall be twenty-five (25) feet. The minimum side yard on the street side of corner lots shall be thirty-five

    2. (35) feet.
  2. The maximum lot coverage for all enclosed buildings shall be ten (10) percent.

14-509.3C Petroleum products dealers and wholesalers provided that the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall be in conformance with all federal, state or local environmental, fire, safety or other applicable codes or laws.

  3. Above ground storage of flammable materials shall be a minimum of one-hundred (100) feet from all property lines.

14-509.3D Outside storage of materials provided that the following conditions are complied with:

  1. Shall be fenced and shall be screened with opaque screening inconformance with Section 14-601 of this Official Zoning Code.

  2. Shall be located in the rear yard only.

3. Shall be located on the same property as the principal use. 14-509.4 USES PROHIBITED 14-509.4A Outside storage of unscreened materials. 14-509.4B Any use determined by the Building Inspector to be potentially noxious,

dangerous or offensive to adjacent uses by reason of odor, smoke, noise, glare, fumes, gas, vibration, threat of fire or explosion, or other similar reasons to be incompatible with the character of the I-1 District.

14-509.4C Any other use or structure not specifically permitted or permitted on appeal. 14-509.5 MINIMUM LOT AREA, WIDTH AND YARD REQUIREMENTS All buildings or structures, including accessory structures, hereafter constructed in the I-1 District shall be located so as to comply with the following requirements: 14-509.5A Minimum lot requirements ............................None except as necessary to meet all other

requirements. 14-509.5B Minimum depth of front yard ................................................45 ft. 14-509.5C Minimum depth of rear yard..................................................20 ft. 14-509.5D Minimum depth of side yard each side..................................20 ft. 14-509.5E On lots adjacent to a residential district, all rear and side yard setback

requirements of the adjacent residential district, in greater than required in the industrial district, shall be provided.

14-509.6 MAXIMUM BUILDING AREA None, except as necessary to meet all other requirements. 14-509.7 SCREENING REQUIREMENTS Where a lot line is shared with an adjoining residential lot the owner of the industrial lot shall provide opaque screening in conformance with Section 14-601 of this Official Zoning Code along the entire shared lot line so as to provide a pleasant screen between the two different but contiguous land uses. 14-509.8 PARKING REQUIREMENTS Uses in the I-1 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-509.9 ACCESS REQUIREMENTS Uses in the I-1 District shall conform with the provisions of Section 14-302 of this Official Zoning Code. 14-509.10 OFF-STREET LOADING AND UNLOADING SPACE REQUIREMENTS Uses in the I-1 District shall conform with the provisions of Section 14-303 of this Official Zoning Code. 14-509.11 MAXIMUM BUILDING HEIGHT A building height of fifty (50) feet or four (4) stories may be permitted if automatic sprinkler systems and dry stand pipes with external fire department connections are provided. No other structure shall exceed thirty-five (35) feet or three (3) stories in building height. 14-509.12 SIGN REQUIREMENTS All signs and similar advertising structures in the I-1 District shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB) 14-509.13 SITE PLAN REVIEW REQUIREMENTS Uses in the I-1 District shall conform with the provisions of Section 14-705 of this Official Zoning Code.

SECTION 14-510 I-2 HEAVY INDUSTRIAL DISTRICT

14-510.1 GENERAL DESCRIPTION

The purpose of the I-2 District is to provide an area in which the principal use of land is for heavy manufacturing and assembly plants and processing. It is the intent of this district to provide an area for industrial activities of an intensive nature which by reason of volume of raw materials or freight, scale of operation, type of structures required, or other similar characteristics requiring locations relatively well segregated from nonindustrial uses.

Within the I-2, Heavy Industrial District, as shown on the Official McMinnville Zoning Map, the following regulations shall apply:

14-510.2 PERMITTED USES

14-510.2A Light industrial and manufacturing uses: all those permitted in the I-1 Light Industrial District and subject to the same conditions or provisions, if any.

14-510.2B Gasoline service stations (meeting the provisions of Sections 14-604.1 and 14

604.6 of this Official Zoning Code), automobile tire repair, motorcycle repair. 14-510.2C General contractors and specialty contractors; building materials and supplies. 14-510.2D Transfer or storage terminal, truck terminal and freight handling, packing and

crating services.

14-510.2E Warehousing, cold storage plant, storage yard, distribution center, self-service storage facilities (meeting the provisions of Section 14-604.5 of this Official

Zoning Code).

14-510.2F Industrial machinery and supplies sales, heavy equipment sales.

14-510.2G Nursery-wholesale.

14-510.2H Veterinarian hospitals and kennels.

14-510.2I Agriculture supplies and equipment sales and repairs.

14-510.2J Public utility structures, fire and police stations.

14-510.2K Accessory uses and structures.

14-510.2L Temporary structures, subject to the provisions of Section 14-608 of this Official

Zoning Code. 14-510.2M Day care facilities when located in connection with and on the same premises as permitted principal uses and when used solely for the care of dependents ofemployees of said principal use.

14-510.3 USES PERMITTED ON APPEAL (SPECIAL EXCEPTIONS)

After public notice and hearing and subject to appropriate conditions and safeguards, theBoard of Zoning Appeals may permit as special exceptions:

14-510.3A Extensive and heavy industrial and manufacturing uses; but limited to the following uses: abrasive products; asphaltic cement plants; cement and/or concrete plants; chemical and allied products; clay, pottery, terra cotta and tile products; grain milling; junkyards, hard surface floor coverings, kiln drying operations; leather goods, machine shop, paints and allied products; paper and allied products; petroleum products dealers and wholesalers, rubber and miscellaneous plastic products; saw mills; slaughtering of animals; provided the following conditions are complied with:

  1. Shall not be located adjacent to any residential district.

  2. Shall not have an adverse affect on any surrounding properties.

  3. All federal, state or other permits for air pollution standards, ground water and emissions must be obtained and kept up-to-date.

  4. Access shall be provided only from streets of a classification of no less than minor arterial classification or an industrial access road from a minor arterial.

  5. Outside storage shall be fenced and shall be screened with opaque screening in conformance with Section 14-601 of this Official Zoning Code.

14-510.3B Day care centers provided that the following conditions are complied with:

  1. Shall meet the minimum standards established by the TennesseeDepartment of Human Services.

  2. Outdoor play space shall be fenced or otherwise enclosed to a minimumheight of four (4) feet on all sides.

14-510.3C Outside storage of materials provided that the following conditions are complied with:

  1. Shall be fenced and shall be screened with opaque screening inconformance with Section 14-601 of this Official Zoning Code.

  2. Shall be located in the rear yard only.

  3. Shall be located on the same property as the principal use.

14-510.4 USES PROHIBITED 14-510.4A Outside storage of unscreened materials. 14-510.4B Any use determined by the Building Inspector to be potentially noxious,

dangerous or offensive to adjacent uses by reason of odor, smoke, noise, glare, fumes, gas, vibration, threat of fire or explosion, or other similar reasons to be incompatible with the character of the I-2 District.

14-510.4C Any other use or structure not specifically permitted or permitted on appeal. 14-510.5 MINIMUM LOT AREA, WIDTH AND YARD REQUIREMENTS All buildings or structures, including accessory structures, hereafter constructed in the I-2 District shall be located so as to comply with the following requirements. 14-510.5A Minimum lot requirements ............................None except as necessary to meet all other

requirements. 14-510.5B Minimum depth of front yard ................................................45 ft. 14-510.5C Minimum depth of rear yard..................................................50 ft. 14-510.5D Minimum depth of side yard each side..................................50 ft. 14-510.6 MAXIMUM BUILDING AREA

None, except as necessary to meet all other requirements. 14-510.7 SCREENING REQUIREMENTS Where a lot line is shared with an adjoining residential lot, the owner of the industrial lot shall provide opaque screening in conformance with Section 14-601 of this Official Zoning Code along the entire shared lot line so as to provide a pleasant screen between the two different but contiguous land uses. 14-510.8 PARKING REQUIREMENTS Uses in the I-2 District shall conform with the provisions of Section 14-301 of this Official Zoning Code. 14-510.9 ACCESS REQUIREMENTS Uses in the I-2 District shall conform with the provisions of Section 14-302 of this Official Zoning Code.

14-510.10 OFF-STREET LOADING AND UNLOADING SPACE REQUIREMENTS

Uses in the I-2 District shall conform with the provisions of Section 14-303 of this Official Zoning Code.

14-510.11 MAXIMUM BUILDING HEIGHT

A building height of fifty (50) feet or four (4) stories may be permitted if automatic sprinkler systems and dry stand pipes with external fire department connections are provided. No other structure shall exceed thirty-five (35) feet or three (3) stories in building height.

14-510.12 SIGN REQUIREMENTS

All signs and similar advertising structures in the I-2 District shall conform with the provisions of Title 14, Chapter 14 of the McMinnville Municipal Code. (See AppendixB)

14-510.13 SITE PLAN REVIEW REQUIREMENTS

Uses in the I-2 District shall conform with the provisions of Section 14-705 of this Official Zoning Code.

SECTION 14-511 PLANNED UNIT
DEVELOPMENT DISTRICTS
14-511.1 GENERAL DESCRIPTION

The purpose of Planned Unit Development Districts is to provide areas for flexibility and innovation in land development and land use in residential and commercial developments. There are two types of Planned Unit Development Districts: (1) PRD-Planned Residential District and (2) PCD-Planned Commercial District. It is intended that projects within the PRD or PCD Districts provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demands on existing or proposed public facilities.

Planned Residential and Planned Commercial Districts may be established in existing zoning districts by amendment to the Official McMinnville Zoning Map.

Within the PRD-Planned Residential District and the PCD-Planned Commercial District the following regulations shall apply:

14-511.2 MINIMUM LAND AREA

14-511.2A Minimum land area PRD .......................................................5 acres

14-511.2B Minimum land area PCD .......................................................2 acres

14-511.3 OWNERSHIP REQUIREMENTS

At the time of application for PRD or PCD zoning, the entire tract of land for which this zoning is requested shall be under the control of a single individual, partnership or corporation.

14-511.4 PROCESS FOR DEVELOPMENT AND APPROVAL

14-511.4A Process Summary

  1. Attend preapplication conference with planning staff.

    1. Prepare and submit Preliminary PRD or PCD Plan to Office of Codes Enforcement.

      1. Include Written Statement.

      2. Include $50.00 review fee.

      3. Include application for rezoning to PRD or PCD.

      4. Obtain Planning Commission approval of Preliminary PRD or PCD Plan and rezoning request.

    1. Obtain City Council approval of rezoning request.

      1. Public Hearing held by City Council.

      2. Preliminary Plan approval will expire 6 months after effective date of rezoning.

    1. Prepare and submit final PRD or PCD Plan and Preliminary Subdivision Plat to Office of Codes Enforcement.

      1. Obtain Planning Commission approval of Plan and Plat.

      2. Record approved Final PRD or PCD Plan.

      3. Developer can begin construction of required improvements.

    1. Prepare and submit Final Subdivision Plat to Office of Codes Enforcement.

      1. Required improvements completed or Financial Guarantee submitted.

      2. Obtain Planning Commission approval of plat.

      3. Record approved Final Subdivision Plat.

      4. Obtain building permits.

      5. Transfer of real property permitted.

    1. Obtain Certificate of Compliance.

      1. All required improvements completed.

      2. Financial Guarantee released.

14-511.4B Preapplication Conference Required

The developer is encouraged to confer with the planning office staff prior to submission of the Preliminary PRD or PCD Plan to the planning commission. The purpose of the conference is to exchange information and guidance concerning the process for approval and the provisions of the PRD or PCD regulations. Discussions will concern, but not be limited to, the site, the proposed development, the effect on community facilities, and the proposed scheduled for planning and construction of the PRD or PCD.

14-511.4C Submission of Preliminary PRDor PCD Plan Required

The Preliminary PRD or PCD Plan shall include a Schematic Map Plan and Written Statement meeting the following requirements:

1. Schematic Map Plan shall be drawn to a scale of not less than 1 inch = 10 feet and shall include the following information:

(a)
Location and name of proposed development.
(b)
Location sketch map showing relationship of PRD or PCD to area.
(c)
Approximate north point, graphic scale, and date.
(d)
Acreage of site.
(e)
Existing zoning of site and area within 300 feet of site.
(f)
Existing and proposed land uses, and approximate location, size and density of buildings and other structures, both existing andproposed.
(g)
The location of existing and proposed property lines, streets, watercourses, railroads, sewer lines, water lines, drainage pipes, bridges,culverts, and easements for existing utilities and other features.
(h)
Proposed vehicular and pedestrian circulation system.
(i)
Existing topographic and hydrographic features of the site, drawnwith contours at vertical intervals of not more than five (5) feet.
(j)
Public uses, including schools, parks, playgrounds, and other openspaces, and common open spaces, structures and uses for the residents or occupants of the PRD or PCD.

2. The Written Statement shall include the following information:

(a)
Information about the physical characteristics of the surrounding area and developments within 300 feet of the site.
(b)
Types of dwelling units proposed and other structures andimprovements as a means of explaining the general character of the proposed PRD or PCD.
(c)
Expected Development Schedule, including approximate date when construction will begin; the approximate stages of the project and approximate starting dates for each stage; the rate of development; and the area and location of open space that will be provided with each stage.
(d)
Proposed covenants, grants of easement or other restrictions to be imposed upon the use of the land, including common open space areas, buildings, and other structures within the PRD or PCD.
(e)
Any other supportive information which was not able to be shown graphically.
  1. Eight (8) copies of the Preliminary PRD or PCD Plan must be submitted to the McMinnville Office of Codes Enforcement for review by the planning commission, along with a review fee of $50.00. The planningcommission will not accept the Preliminary PRD or PCD Plan for consideration until all information described above has been submitted. The Preliminary PRD or PCD Plan will be taken for minimum one-month study period for planning staff review for compliance with the provision and requirements of this Official Zoning Code.

  2. The planning commission will take action on the Preliminary PRD or PCD Plan within 60 days of formal acceptance of the application and plan for study.

    1. The planning commission shall submit the application and the Preliminary PRD or PCD Plan to the city council, with its recommendations as to

    2. approval, disapproval, desirable changes and/or special conditions and safeguards.
  3. Upon receipt of the Preliminary PRD or PCD Plan and the planning commission's recommendations, the city council will set the date of the public hearing. After holding the public hearing and reviewing the preliminary PRD or PCD Plan, the application for rezoning and the planning commission's recommendations, the city council will consider enactment of the rezoning ordinance for the site of the proposed PRD or PCD.

  4. No building permits may be issued and no final plat may be approved on land within the PRD or PCD site until the Final PRD or PCD Plan has been approved by the planning commission.

  5. Approval of the Preliminary PRD or PCD Plan will expire 6 months after the effective date of the rezoning action of the city council, if no Final PRD or PCD Plan has been submitted to the planning commission. Extensions may be granted by the planning commission upon written request by the developer, stating his reasons for needing the extension.

14-511.4D Submission of Final PRD or PCD Plan and Preliminary Subdivision Plat

  1. In most cases, a Preliminary Subdivision Plat will be required with the submission of the Final PRD or PCD Plan which will be reviewed by the planning commission for compliance with the Preliminary PRD or PCD Plan and with the requirements of this ordinance. The Preliminary Subdivision Plat must conform to the requirements of the subdivision regulations.

  2. The Final PRD or PCD Plan shall substantially conform to the Preliminary PRD or PCD Plan and will be submitted for the entire PRD or PCD. The number of dwelling units shown on the Preliminary PRD or PCD Plan shall not be exceeded. The developer may choose to construct the PRD or PCD in stages or sections, each of which must be clearly identified on the Final PRD or PCD Plan.

  3. The planning commission's approval of the Final PRD or PCD Plan and Preliminary Subdivision Plat is required before construction can begin. After receiving approval of the Final PRD or PCD Plan from the planning commission, the developer is required to register the Final PRD or PCD Plan in the Register of Deeds' Office at the Warren County Courthouse.

    1. The Final PRD or PCD Plan must include the following information:

      1. Engineering drawings and maps drawn at a scale of not more than 1 inch = 50 feet.

      2. Finished topography of the site, with contours of not more than five (5) foot vertical intervals.

      3. Circulation diagram(s) indicating movement of vehicles, goods and pedestrians within the PRD or PCD area, and to and from

existing thoroughfares. The following should also be included with the circulation plan:

(i)
Street and sidewalk layout.
(ii)
Street widths and pavement rights-of-way.

(iii) Street profiles and cross-sections.

(iv) Any proposed special engineering features and/or traffic regulation devices.

(d)
Off-street parking and loading plan, with ground coverage of parking areas indicated.
(e)
Areas to be conveyed, dedicated, or reserved for parks, parkways, and other public or semi-public open space uses and including any improvements which are to be deeded as part of the common use area.
(f)
Each building site and common open area, including the location, height and bulk of all buildings and structures, landscaping and other improvements. Also, the type, use and number of dwelling units for each structure, and elevation and perspective drawings of structures.
(g)
Floor plan of each type of dwelling unit to be built.
(h)
Proposed utilities including sewers, both sanitary and storm, gas lines, water lines, and electric lines showing connections toexisting systems, and easements for such. Also, the locations of fire hydrants.
(i)
Location, function and ownership of all open spaces, except those open spaces included in fee-simple lots.
(j)
Final drafts of all proposed covenants and grants of easement, particularly those pertaining to common open spaces.
(k)
Computation of coverage by all buildings, structures, recreational facilities and parking lots within the PRD or PCD Development Schedule indicating:
(i)
The approximate date when construction of the project can be expected to begin.
(ii)
Outline of each phase or stage of the construction of the development, with a tabulation of proposed densities to be allocated at each stage.

(iii) The approximate date when construction of each stage or phase can be expected to begin.

(iv)
The anticipated rate of development.
(v)
The approximate dates when each stage in the development will be completed.
(vi)
The area, location and degree of development of common open space that will be provided at each stage.

5. Minor amendments to Final PRD or PCD Plan may be submitted to the Building Inspector for review and approval. If the Building Inspectordetermines that the amendment is substantially different from the Final PRD or PCD Plan and/or involves a change in the intent of the character of the PRD or PCD, then he may refer the amendment to the city council for approval, at which time the city council would hold a public hearing.

14-511.4E Construction

  1. Building permits shall not be issued before the Final PRD or PCD Plan has been approved and recorded.

  2. Building permits shall not be issued prior to the posting of a Performance Bond or other negotiable instrument as may be required by the planning commission to guarantee necessary improvements.

  3. Transfer of real property within the PRD or PCD is not permitted until a Final Subdivision Plat has been approved and recorded.

  4. If construction is to be carried out in phases or stages, the Performance Bond or other negotiable instrument, as required and referred to above, will be reduced to a Maintenance Bond upon the completion of each stage or phase.

  5. The Maintenance Bond must be of sufficient amount and duration (not to exceed five (5) years) to cover the maintenance of the improvements of each phase or section until the entire PRD or PCD is complete and/or responsibility of maintenance has been transferred.

14-511.4F Final Subdivision Plat

1. A Final Subdivision Plat, conforming to the McMinnville Subdivision Standards for Plats, must be submitted to the planning commission for review and approval by one of the following methods.

(a)
After completion of construction of all streets, utilities, and other areas, buildings or structures to be dedicated to a public agency.
(b)
After posting a financial guarantee or other negotiable instrument in an amount, to be determined by the planning commission, to cover the cost of construction of any and all improvements to be dedicated to a public agency, such as streets and utilities.

2. The Final Subdivision Plat must be recorded at the Register of Deeds'Office in the Warren County Courthouse, before final transfer of ownership of units in the PRD or PCD.

14-511.4G Certificate of Compliance Required

A Certificate of Compliance will be issued upon a determination by the Building Inspector that the entire PRD or PCD has been completed according to the recorded Final PRD or PCD Plan. The planning commission shall not release the performance bond if the development is constructed in a single phase, or any maintenance bonds, if constructed in several phases, until a Certificate of Compliance has been issued.

14-511.5 SPECIFIC STANDARDS FOR THE PRD PLANNED RESIDENTIAL DISTRICT

The following specific standards shall apply to all PRD-Planned Residential Districts:

14-511.5A Permitted Uses

The following uses are permitted in the PRD District:

  1. Single-family and two-family dwellings.

  2. Multi-family dwellings and condominiums.

  3. Churches and similar places of worship.

  4. Public and private educational facilities.

  5. Public and private child care facilities.

  6. Public and private recreational facilities.

  7. Community assembly facilities.

  8. Accessory structures and uses customarily and clearly incidental and subordinate to the aforementioned permitted uses.

  9. Temporary structures, subject to the provisions of Section 14-608 of this Official Zoning Code.

14-511.5B Uses Permitted on Review

The planning commission may permit neighborhood commercial activities intended to serve the residents of the PRD. Such neighborhood commercial activities shall meet the following criteria:

  1. No commercial activities shall be permitted within any PRD containing fewer than two-hundred (200) dwelling units.

  2. All commercial facilities must be designed as an integral part of the development: External advertising or other characteristics which wouldalter the residential scenic quality, noise level, or traffic load shall not be permitted.

  3. The commercial activities permitted with a PRD shall not in the aggregate exceed more than four (4) percent of the total floor area within such development, provided further that the maximum floor area devoted to any single activity shall not exceed three-thousand (3,000) square feet.

  4. All commercial facilities authorized must be intended for the primary use and convenience of residents and their guests.

14-511.5C Uses Prohibited

Any use or structure not specifically or provisionally permitted herein.

14-511.5D Maximum Density

The maximum number of dwelling units in the PRD shall not exceed more than fifteen (15) dwelling units per gross acre.

14-511.5E Minimum Yard Requirements

The minimum yard requirements for the PRD are only applicable to the perimeter of the area so zoned. The required minimum front, rear, and side yards shall be seventy-five (75) feet unless a permanent evergreen landscaping or other screening of a semi-opaque nature as described in Section 14-601 of this Official Zoning Code is provided in which case the minimum front, rear, and side yards shall be fifty (50) feet.

14-511.5F Parking Requirements

Uses in the PRD shall conform with the provisions of Section 14-301 of this Official Zoning Code.

14-511.5G Access Requirements

Uses in the PRD shall conform with the provisions of Section 14-302 of this Official Zoning Code.

14-511.5H Off-Street Loading andUnloading Space Requirements

Uses in the PRD shall conform with the provisions of Section 14-303 of this Official Zoning Code.

14-511.5I Design Standards

1. Access

(a)
Access to each single-family dwelling unit shall be provided via a public right-of-way or a private driveway owned by the individual in fee simple or in common ownership with the other residents of the PRD. Access and circulation shall adequately provide forfirefighting and emergency vehicles, furniture moving vans, fuel trucks, garbage collection and deliveries.
(b)
Access to buildings containing multi-family dwelling units under individual ownership shall be provided via a public right-of-way ora private driveway owned by the individual in fee simple or in common ownership with the other residents of the PRD. Access and circulation shall adequately provide for firefighting andemergency vehicles, furniture moving vans, fuel trucks, garbage collection and deliveries.
(c)
Access to buildings containing multi-family dwelling units not owned by their occupants shall be provided via a public right-ofway. Access and circulation shall adequately provide for firefighting and emergency vehicles, furniture moving vans, fuel trucks, garbage collection and deliveries.

2. Obstruction of Vision at Intersections

No fence, wall, hedge, or other planting, or structure that will materially obstruct vision between a height of two (2) feet and ten (10) feet above the centerline grades of intersecting streets shall be erected, placed, ormaintained within the triangular area formed by the street lines at any corner and a straight line joining such street lines at points which are fifty

(50) feet distant from the intersection of the street lines and measured along said street lines. In cases of rounded street lines at the intersecting streets, such measurement shall be made from the point of the tangents of the curve constituting the rounding. This section shall also apply to the intersection of any private drive, entrance or exit from a common parking area.

3. Area and Bulk Regulations

There shall be no minimum lot size, no minimum setback lines (except as specified in Section 14-511.5E above), and no maximum percentages of lot coverage in any PRD except as necessary to meet all other requirements.

(a) Spacing of Structures

(i)
The location of all structures shall be as shown on the Final PRD Plan.
(ii)
The proposed location of all structures shall not bedetrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.

(iii) There shall be a minimum distance between detached structures as follows:

One and two stories............................15 feet
Three stories.......................................20 feet

Greater than three stories.......as determined by the planning commission.

In no instance shall any one structure extend more than two-hundred (200) feet in length.

(iv) For structures exceeding three (3) stories or thirty-five (35)feet in height, the planning commission shall be consulted concerning the location and proper spacing for such units.

(b) Height of Buildings

(i)
Building height restrictions in any PRD shall be thirty-five
(35) feet for any building located within two-hundred (200) feet of a perimeter adjacent to any other Residential District.
(ii)
Elsewhere within the PRD there are no height restrictions on any residential structure. However, the plans for anystructure which exceeds thirty-five (35) feet or three (3) stories in height shall be reviewed by the planning commission in order to determine:

That proper fire protection can be provided by the city.

That the location and spacing of such structures is adequate to provide proper light and air.

That the privacy of the occupants of adjacent low-rise dwellings is not invaded by the location of high-rise structures.

(c) Common Open Space

(i)
Quantity of Common Open Space
A minimum of twenty-five (25) percent of the acreage within the PRD shall be set aside for use as common open space.
(ii)
Quality and Improvement of Common Open Space

No open space may be accepted as common open space under the provisions of this ordinance unless the location,shape, size and character of the open area is suitable for use of residents in the PRD.

Common open space must be for amenity or recreational purposes. The uses authorized for the common open space must be appropriated to the scale and character of the PRD considering its size, density, topography, and the number and type of dwelling units to be provided.

The development schedule, which is part of the Preliminary PRD Plan, must coordinate improvement of common open space with construction of residential dwellings in the PRD so that such space becomes available as dwelling units are occupied.

14-511.5J 4. 1. 2.