CHAPTER 6 SUPPLEMENTARY REGULATIONS

For the purpose of the Official Zoning Code these supplementary regulations shall apply to specific, to several or to all districts. These regulations pertain to certain specific uses,authorize certain exemptions, or relate to unusual conditions.

SECTION 14-601 SCREENING REQUIREMENTS

The following regulations shall apply for all uses requiring screening. 14-601.1 PLAN REQUIRED

For all uses requiring screening, a plan for such shall be submitted with the required site

plan.
14-601.2 DESCRIPTION OF SCREENS
14-601.2A Opaque Screen--A screen that is opaque from the ground to a height of at least six (6) feet, with intermittent visual obstructions from the opaque portion to a height of at least twenty (20) feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of special separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this standard are depicted on Illustration 1.
14-601.2B Semi-Opaque Screen--A screen that is opaque from the ground to a height of three (3) feet, with intermittent visual obstruction from above the opaque portion to a height of at least twenty (20) feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested planting patterns which willachieve this standard are depicted on Illustration 2.

14-601.2C Broken Screen--A screen composed of intermittent visual obstructions from the ground to a height of at least twenty (20) feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns which will achieve this standard are depicted onIllustration 3.

14-601.3 STANDARDS FOR SCREENING MATERIALS

14-601.3A When fences or walls are utilized in screening, they shall be constructed of materials compatible with the principal building.

14-601.3B When earthen berms are utilized in screening, they shall be seeded and/or sodded.

14-601.3C Trees and shrubbery shall be of a species common to McMinnville, shall be hardy, and proper care shall be taken in planting.

14-601.4 MAINTENANCE OF SCREENING

14-601.4A It shall be the obligation of the owner(s) of each building, structure or use on whose premises required screening is located to maintain said screening.

14-601.4B Failure to properly maintain required screening shall be a violation of this Official Zoning Code, punishable as a misdemeanor or under the provisions of the McMinnville Municipal Code.

SECTION 14-602 MULTI-FAMILY HOUSING 14-602.1 APPLICATION AND SITE PLAN REQUIRED

To provide a maximum flexibility in design and to ensure a minimum standard of site development for multi-family housing developments of two or more residential structures on a single lot or tract of land, not subdivided an application shall be submitted to the planning commission consisting of a site plan drawn to a scale no smaller than 1" = 50'setting forth therein the geographical location, boundaries, surrounding development, drainage, buildings and structures, parking facilities, points of access to public streets, easements, sanitation facilities including the location and size of water and sewer lines, location of fire hydrants, and any other information as the planning commission may require.

14-602.2 REQUIRED STANDARDS FOR MULTI-FAMILY HOUSING DEVELOPMENTS

Multi-family housing developments of two or more residential structures on a single lot or tract of land, not subdivided shall meet the following required standards for development:

14-602.2A Location

  1. The site shall comprise a single lot or tract of land except where divided by public streets.

  2. The site shall abut a public street.

14-602.2B Area Requirements

All area and setback requirements of the applicable zoning district shall be complied with.

14-602.2C Design

1. Internal Streets

(a)
The maximum grade on any street shall be twelve (12) percent except that no more than three (3) percent grade shall be permitted within fifty (50) feet of any intersection with a public street.
(b)
Where feasible, all street intersections shall be at right angles.

2. Public Street Access

(a)
The minimum distance between access points along public street frontage shall be one-hundred (100) feet.
(b)
The minimum distance between an access point and the nearest right-of-way line of a public street intersection shall be one-hundred (100) feet.

14-602.2D Required Improvements

1. Internal Streets

(a)
Streets shall be privately constructed and maintained.
(b)
Streets shall be constructed to meet the standards for street construction in the McMinnville Subdivision Regulations.
    1. Water and Sewer Systems

      2. All multi-family housing developments shall be serviced by public water and sewer systems on trunk lines not less than six (6) inches.

    1. Fire Protection

      2. Fire hydrant protection shall be provided so that no building unit is locatedfurther than five-hundred (500) feet from a fire hydrant or as approved by the McMinnville Fire Department. All fire hydrants shall have adequate pressure.

    1. Storage of Refuse

      1. The storage of refuse shall be done in such a manner as to meet all applicable provisions of Title 8, Chapter 2 of the McMinnville Municipal Code.

      2. All central refuse disposal areas shall be approved by the McMinnville Sanitation Department, shall be maintained in such a manner as to meet all applicable health codes and requirements, and shall be screened from view.

  1. Service Buildings

Service buildings housing laundry, sanitation, or other facilities for use by occupants shall be permanent structures complying with all applicable building codes.

SECTION 14-603 MOBILE HOMES AND MOBILE HOME PARKS

14-603.1 GENERAL REQUIREMENTS

For the purpose of this Official Zoning Code the following regulations shall apply to all mobile homes within the corporate limits of the City of McMinnville:

14-603.1A Building Permit Required

Prior to the location of a mobile home on an individual lot or in a mobile home park, a building permit shall be obtained from the Office of Codes Enforcement. Said permit shall confirm that the location of the mobile home complies with applicable terms and conditions contained in this ordinance.

The appropriate building permit fee, as specified in the recommended schedule of permit fees of the Standard Building Code as adopted by the City of McMinnville, shall be submitted prior to the issuance of the building permit.

14-603.1B Mobile homes shall not be parked on any public thoroughfare, street, alley, or public place for longer than one (1) hour when no emergency for repairs exists.

14-603.1C None of the provisions of Section 14-603 shall be construed as prohibiting the parking of mobile homes for display by the duly authorized and licensed dealer or sales agency, provided the lot where such mobile homes are parked is within a zoning district where such type of business is permitted.

14-603.2 REQUIREMENTS FOR ALL MOBILE HOMES

For the purpose of this Official Zoning Code, the following regulations shall apply to all mobile homes located on individual lots or in any mobile home park:

14-603.2A Shall comply with the U.S. Manufactured Home Construction and SafetyStandards Act of 1974 (42 U.S.C. 5401 et seq.) (HUD Seal Requirements);

14-603.2B Shall be permanently occupied as a single-family residence;

14-603.2C Shall be a minimum size of 500 square feet;

14-603.2D Shall be placed on a permanent foundation and connected to utilities, including public sewer;

14-603.2E Shall not be located in any identified FEMA flood hazard area;

14-603.2F Mobile home stands, anchors, etc. shall meet the following standards:

  1. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotating, and overturning.

  2. The mobile home stand shall not shift, heave, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the structure.

  3. The mobile home shall be provided with anchors and tie-downs such as cast-in-place concrete foundations or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home.

  4. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand and each shall be able to sustain a minimum tensile strength of 2,800 pounds.

  5. The mobile home shall have a suitable skirting around its base which shall cover from view the undercarriage of the mobile home and the foundation on which it rests.

14-603.3 REQUIREMENTS FOR MOBILE HOME PARKS

14-603.3A License Required

It shall be unlawful for any person or persons to maintain or operate within the corporate limits of the City of McMinnville any mobile home park unless such person or persons shall first obtain from the McMinnville City Clerk a license therefor.

Said license shall not be transferable.

    1. License Fees

      2. An annual license fee for each mobile home park shall be submitted to the McMinnville City Clerk. Said fee shall be equal to but not greater than the amount fixed by the Tennessee Privilege Tax statutes.

  1. Application for License

An application for a mobile home park license shall be filed with the Office of Codes Enforcement upon forms provided by said Office. Applications shall be in writing, signed by the applicant, filed in triplicate,and shall contain the following:

(a)
Name and address of the applicant.
(b)
Location and legal description of the mobile home park.
(c)
Complete site plan of the proposed park, including plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home park. Said plan shallshow compliance with the standards set forth in Section 14-603.3C and shall be drawn to a scale showing at a minimum the number and arrangement of all plot spaces, setbacks, access to public streets, driveways, sidewalks, drainage, sanitation facilities including the location and size of water and sewer lines, fire hydrants, and refuse collection facilities. The plan shall also showany other planned facilities.
(d)
Any further information as may be required by the Building Inspector to enable him to determine if the proposed mobile home park shall comply with all applicable provisions of this Official Zoning Code.
    1. Review of Application for License

      2. The Building Inspector and the planning commission staff and other appropriate municipal officials if necessary, shall review and inspect the application, plans and specifications. If the proposed mobile home park is found to be in compliance with all applicable provisions of this Official Zoning Code and all other applicable ordinances or statutes, the Building Inspector shall approve the application and authorize the City Clerk to issue the license.

    1. Posting of License

      2. The license certificate shall be conspicuously posted in the office of, or on the premises of, the mobile home park at all times.

  1. Register of Occupants

It shall be the duty of the licensee to keep a register containing a record of all mobile home owners and occupants located within the mobile home park. The register shall contain the following information:

(a)
Name and address of each occupant;
(b)
The make, model, and year of all automobiles and mobile homes;
(c)
The license number and owner of each mobile home and automobile by which it is towed if applicable;
(d)
The state issuing such license;
(e)
The dates of arrival and departure of each mobile home.

The park shall keep the register available for inspection at all times by law enforcement officers, public health officials, and any other official whose duties necessitate acquisition of the information contained in the register.

6. Revocation of License

The Building Inspector and/or Health Officer shall make periodic inspections of the park to assure compliance with this Official Zoning Code. In case of noncompliance with this Official Zoning Code, the Building Inspector and/or Health Officer shall serve warning to the licensee. Thereafter upon failure of the licensee to remove said violation, the Building Inspector and/or Health Officer shall recommend to the Board of Mayor and Aldermen revocation of the offending parks' license. The Board shall hold a hearing on the matter and upon determination of noncompliance shall revoke said license. The license may be reissued if the circumstances leading to revocation have been remedied and the park can be maintained and operated in full compliance with the law.

14-603.3C Standards for Mobile Home Parks

All mobile home parks shall comply with the following standards:

1. Drainage and Flood Hazard Requirements

(a)
All mobile home parks shall be located on a well-drained site, property graded to insure rapid drainage and freedom from stagnant pools of water.
(b)
No mobile home parks or plots shall be located in any identified FEMA flood hazard area.

2. Individual Plot Size Requirements

(a)
Individual plot spaces for mobile homes shall be clearly defined and mobile home parks provided so that the center line of pads are located not closer than forty (40) feet apart.
(b)
Minimum plot width 40 ft.
(c)
Minimum plot depth 100 ft.
(d)
No more than seventy-five (75) percent of the mobile home plot gross area shall be covered by the mobile home and its accessory structures.

3. Setback and Screening Requirements

(a)
All mobile homes shall be parked so that there will be a minimumof twenty (20) feet between mobile homes or any attachment such as a garage or porch.
(b)
The minimum front yard setback from the interior access drive shall be ten (10) feet.
(c)
No mobile home or any attachments shall be located closer than thirty (30) feet from the right-of-way of any public street or highway or from any mobile home park property line.
(d)
A buffer strip of not less than ten (10) feet in width, separate from any individual plot space with semi-opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all property lines of the park except acrossingress and egress points to public streets.

4. Public Utilities Requirements

Each individual mobile home space shall contain electrical, water, and wastewater connections for individual mobile home units and shall meet the following standards:

(a)
Electrical--An electrical outlet supplying at least 110/220 volts shall be provided for each mobile home space, and shall be weather proof and accessible to the parked mobile home. All electrical installations shall be in compliance with the National Electrical Code, and shall satisfy all requirements of the McMinnville Electric Department and the Building Inspector.
(b)
Water Supply--All mobile home parks shall be connected to the municipal water supply with a system approved by the Tennessee Department of Environment and Conservation and each mobile home space shall be provided with an adequate outlet. All water line installations shall be inspected by appropriate officials fromthe McMinnville Water Department.
(c)
Wastewater--All mobile home parks shall be connected to the municipal sewer system in a manner approved by the Tennessee Department of Environment and Conservation and each mobile home space shall be provided with an adequate outlet. All plumbing installations shall be in compliance with existing ordinances and shall be inspected by the appropriate officials fromthe McMinnville Wastewater Department.
    1. Refuse: Storage, Collection and Disposal Requirements

      2. Storage, collection, and disposal of refuse in mobile home parks shall be approved by the Sanitation Department of the City of McMinnville and shall be done in such a manner as to meet all applicable provisions of Title 8, Chapter 2 of the McMinnville Municipal Code.

    1. Public Health, Sanitary and Anchoring Requirements

      2. All public health, sanitary, and anchoring requirements prescribed by Tennessee Code Annotated must be adhered to.

    1. Fire Protection

      2. All mobile home parks shall be subject to the rules and regulations of the McMinnville Municipal Fire Department. At a minimum fire hydrant protection shall be provided so that no mobile home is located further than five-hundred (500) feet from a fire hydrant. All fire hydrants shall haveadequate pressure.

    1. Access Roads and Parking Requirements

      1. All mobile home parks shall contain a private interior drive of at least twenty (20) feet in width. Said drive shall be surfaced with asphalt or concrete.

      2. All mobile home plots, common recreation and other facilities in the park shall have access only from the interior access drive. Said mobile home plot access to the interior access drive shall be a minimum of thirty (30) feet in width.

        1. All interior access drives shall be lighted by a minimum of one-hundred seventy-five (175) watt lamps at intervals of one-hundred

        2. (100) feet, mounted on utility poles.
      3. Each mobile home plot shall contain two (2) parking spaces per dwelling unit. Said parking spaces shall be located off the interior access drive.

    1. Sidewalk Requirements

      2. Where service buildings are included in mobile home parks, sidewalks shall be provided to the service buildings. Sidewalks shall not be smaller than two (2) feet in width and shall be adequately lighted at night.

  1. Additions to Mobile Homes Prohibited

No permanent additions of any kind shall be built onto, nor become a part of, any mobile home.

SECTION 14-604 SPECIAL STANDARDS FOR CERTAIN USES

To accomplish the purposes of this Official Zoning Code, special consideration is hereby given to certain uses. These uses shall comply with the following requirements in addition to those of the zoning district in which they may be located.

14-604.1

GASOLINE SERVICE STATIONS The following regulations shall apply to all gasoline service stations:

14-604.1A All buildings shall comply with all required setbacks in the applicable zoning district.
14-604.1B All gasoline pumps and canopies shall not be located closer than twenty (20) feet to any street right-of-way line.
14-604.1C When other uses are combined with a gasoline service station, such as video rental, deli, or grocery, additional parking, based on the other uses, shall be provided.
14-604.2 CEMETERIES

The following regulations shall apply to all cemeteries:

14-604.2A The site proposed for a cemetery shall not interfere with the development of a system of streets and in addition shall have direct access to a thoroughfare.

14-604.2B Any new cemetery shall be located on a site containing not less than twenty (20) acres.

14-604.2C All structures and facilities including but not limited to mausoleums, graves, burial lots, monuments, and maintenance buildings shall be set back at least thirty

(30) feet from any property line or street right-of-way. 14-604.2D All required yards shall be landscaped and maintained. 14-604.2E Proposals for cemeteries shall be approved by the planning commission. 14-604.3 CUSTOMARY HOME OCCUPATIONS

The following regulations shall apply for all permitted customary home occupations: 14-604.3A A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely within the principal dwelling unit. 14-604.3B No more than twenty-five (25) percent of the total habitable floor area of the dwelling shall be devoted to such use. 14-604.3C Shall be conducted entirely within the principal dwelling unit and no alterations to any buildings shall indicate from the exterior that the building is being utilized for any purpose other than a residential unit, including permitted accessory buildings.

14-604.3D No stock in trade shall be displayed and no equipment or materials used in the occupation shall be stored outside the dwelling.

14-604.3E Only one (1) person, not a resident of the premises, shall be employed.

14-604.3F No retail nor manufacturing business shall be permitted.

14-604.3G No repair work shall be permitted.

14-604.3H Additional off-street parking shall be provided for the non-resident employee and for the parking of anticipated clients. Required parking shall not be permitted in any front yard.

14-604.3I All structures used for customary home occupations shall be in conformance with the sign requirements as established in Title 14, Chapter 14 of the McMinnville Municipal Code. (See Appendix B)

14-604.3J Special approval shall not be transferable to another owner.

14-604.4 SWIMMING POOLS

The following regulations shall apply to all private swimming pools:

14-604.4A No swimming pool or part thereof, including aprons, walks, and equipment rooms, shall protrude into any required front or side open space.

14-604.4B The swimming pool area shall be walled or fenced so as to prevent uncontrolled access by children and pets from the street or from adjacent properties. Said fence or wall shall be not less than five (5) feet in height and maintained in good condition.

14-604.5 SELF-SERVICE STORAGE FACILITIES (MINI-WAREHOUSES)

The following regulations shall apply to all self-service storage facilities:

14-604.5A Parking shall be provided by parking/driving lanes adjacent to the storagebuildings. These lanes shall be at least twenty-six (26) feet wide when storage cubicles open onto one side of the lane only and at least thirty (30) feet wide when cubicles open onto both sides of the lane. Said lane shall be surfaced with asphalt or concrete.

14-604.5B A minimum of two (2) parking spaces plus one (1) additional space for every two-hundred (200) storage cubicles shall be located adjacent to the project office.

14-604.5C No self-service storage facility shall exceed eighteen (18) feet in height.

14-604.5D The sale or auction of any item is specifically prohibited.

14-604.5E The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is specifically prohibited and all rental contracts shall include clauses prohibiting such storage.

14-604.5F The servicing or repair of motor vehicles, boats, trailers, lawnmowers or any similar equipment is specifically prohibited.

14-604.6 SERVICING, STORAGE, REPAIR OR SALES OF MOTOR VEHICLES

The following regulations shall apply to all motor vehicles, garages, sales lots, service stations, and similar structures and uses involved in the servicing, storage, repair or sales of motor vehicles:

14-604.6A Shall not be located adjacent to any Residential Zoning District.

14-604.6B No public street, parking area, sidewalk, or way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments, except for normal parking by individual private owners or operators of such vehicles.

14-604.6C No operation in connection with such establishments shall be carried on in such a manner which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

14-604.6D No motor vehicle shall be parked in such a manner as to block visibility at intersecting streets.

14-604.6E No repair of motor vehicles or parts thereof shall be made outside of garages, service stations, body shops, or other buildings used for such purposes (exceptsuch minor repairs as are normally completed while the customer waits at the premises).

14-604.6F All motor vehicles being handled or stored in an area visible from a public street or way shall be maintained in such condition that they can be moved under their own power.

14-604.6G Motor vehicles unable to be moved under their own power may be temporarily stored (sixty (60) days or less) in completely enclosed storage yards. These yardsshall be provided with fence or wall style screening as provided in Section 14601.2A of this McMinnville Zoning Code in such a manner that no vehicle or portion thereof is visible from any street or public way, or from ground level of any adjacent property. The storage yard shall be located on the same premises as the motor vehicle repair or service establishment.

14-604.6H It shall be the responsibility of the owner or operator of any motor vehicle repair or service establishment to keep accurate and verifiable records as to the date any vehicle being stored in a storage yard is placed on said yard. Failure to keep suchrecords will create the presumption that the vehicle or vehicles stored on the yard have been there in excess of sixty (60) days and are in violation of this McMinnville Zoning Code.

14-604.6 I All areas where motor vehicles are parked or stored shall be surfaced with asphalt or concrete and be constructed to provide for adequate drainage and dust control.No motor vehicle shall be parked or stored on any non hard surface areas including grass, dirt or gravel areas.

14-604.6J Special approval shall not be transferred to another owner.

14-604.6K Applicants shall comply with design requirements as provided in Section

14.301.5 of the McMinnville Zoning Code.

14-604.6L No zoning letter will be provided to an applicant unitl all requirements of this section are complied with.

14-604.7 CHURCHES AND OTHER PLACES OF WORSHIP

The following regulations shall apply to all permitted churches and other places ofworship:

14-604.7A A minimum lot area of two (2) acres with a minimum lot width of two-hundred

(200) feet at the building setback line shall be provided.

14-604.7B The minimum depth of the front yard shall be seventy-five (75) feet, and the minimum depth of the side and rear yards shall be fifty (50) feet. The minimum side yard on street side of corner lots shall be seventy-five (75) feet.

14-604.7C The maximum lot coverage for the principal structure and all accessory structures shall be thirty (30) percent.

14-604.7D When parking areas are adjacent to residential lots, buffer strips of ten (10) feet in width with semi-opaque screening in conformance with Section 14-601 of this Official Zoning Code along all shared lot lines shall be provided.

14-604.8 SCHOOLS

The following regulations shall apply to all permitted schools offering general education courses:

14-604.8A A minimum lot area of five (5) acres with a minimum lot width of three-hundred

(300) feet at the building setback line shall be provided.

14-604.8B The minimum depth of the front, rear, side yards and side yards on street side of corner lots shall be one-hundred (100) feet.

14-604.8C The maximum lot coverage for all buildings shall be thirty (30) percent.

14-604.8D All accessory structures and portable classrooms shall be located in the rear yard only. Portable classrooms shall be temporary in nature and subject to annual review by the Board of Zoning Appeals.

14-604.8E When parking areas are adjacent to residential lots, buffer strips ten (10) feet in width with semi-opaque screening in conformance with Section 14-601 of this Official Zoning Code shall be provided along all shared lot lines.

14-604.9 DAY CARE HOMES

The following regulations shall apply to all permitted day care homes for the care of up to seven (7) children:

14-604.9A The child day care use will be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

14-604.9B Outdoor play space shall not be permitted within the front yard area and shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking areas or land unsuited for children's play space.

14-604.9C There shall be a fence with the minimum height of four (4) feet surrounding the play space.

14-604.9D Operator of a child day care home must be the owner and reside on subject property.

14-604.9E Child day care homes, nurseries or kindergartens shall be located within the main structure on the lot and shall not utilize more than fifty (50) percent of the gross floor area of the main structure.

14-604.9F Special approval shall not be transferable to another owner.

14-604.10 TELEVISION, RADIO, AND SATELLITE DISH ANTENNAS

The following regulations shall apply to all permitted television, radio, and satellite dish antennas:

14-604.10A All ground mounted television, radio and satellite dish antennas shall be located in the rear yard only and no dish antenna shall be more than ten (10) feet in diameter.

14-604.10B All installations must comply with all accessory use yard, height, bulk, and setback requirements specified within the district.

14-604.10C Antennas that are roof-mounted shall not extend higher than ten (10) feet above the peak of the roof. No roof mounted dish antenna shall exceed twenty-four (24) inches in diameter.

14-604.10D All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

14-604.10E All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.

14-604.10F Antennas shall be installed and maintained in compliance with the requirements of the municipality's building codes.

14-604.10G No television or radio antenna shall exceed forty-five (45) feet in height.

14-604.11 WIRELESS COMMUNICATION FACILITIES AND ANTENNAE ARRAYS

14-604.11A All new towers or antennas as defined by this ordinance within the corporate limits of McMinnville shall be subject to these regulations, except as follows:

a.
Preexisting towers and preexisting antennas shall not be required to meet this ordinance, other than the requirements of Section (Regulations).
b.
The requirements set forth in this ordinance shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations for commercial and industrial zoning districts.
c.
Antennas or towers located on property owned, leased, or otherwise controlled by the governing authority shall be exempt from the requirements of this ordinance,

provided a license or lease authorizing such antenna or tower has been reviewed and approved by the governing authority.

14-604.11 Each applicant for an antenna and/or tower shall provide to the Codes Enforcement Office and the Planning Commission, prior to Council consideration, the following:

1. of type Engineering Report. Prepared by a professional engineer licensed by the State Tennessee describing the height and design of the tower, demonstrating the tower’s compliance with applicable structural standards, and all building, electric and fire codes; and describing the tower’s capacity, including the number and of antennas it can accommodate shall be submitted to the Codes Enforcement Office.
When an antenna is proposed to be mounted on an existing structure, the report shall indicate the existing structure’s suitability and capability to accept the

antenna and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

2. Written Report. That adequately reports on the inventory of existing towers and antenna sites within a one-mile (1-mile) radius from the proposed site, outlining

the opportunities for shared use as an alternative to the proposed use, shall be submitted to the Codes Enforcement Office. The applicant must illustrate that the proposed tower or antenna can not be accommodated on an existing approved tower or facility due to one or more of the following reasons:

Unwillingness of the owner to share the facility. The equipment would exceed the structural capacity of the existing approved tower and facilities. The planned equipment would cause frequency interference with other existing or planned equipment, which can not be reasonably prevented. Existing or approved towers or facilities do not have space on which proposed equipment can be placed so it can function effectively. Other reasons make it impractical to place the proposed equipment by the applicant on existing towers or facilities.

3. Site Plan. Shall be submitted to the Codes Enforcement Office and approved by the Codes Enforcement Officer prior to the issuance of a permit. The following standards shall be used in the design of the facilities:

(a) Setbacks The minimum setbacks on all sides shall be equal to the height of the tower plus an additional twenty (20) feet, including any antennas or appurtenances, as measured from ground level. This setback shall be considered a fall zone. The fall zone setback requirement may be reduced or waived provided it can be demonstrated in a report prepared by a professional engineer licensed in the State of Tennessee that the communication tower will collapse if it falls and it is determined by administrative review that the tower does not posed a safety threat to adjacent property owners in the event of collapse. In such cases, the setback shall be equal to the distance specified in the engineer report or a minimum of fifty (50) feet, whichever is greater. In addition, no communication tower or shall be located closer than one-hundred (100) feet from an existing residential structure. Setbacks shall be measured from the base of the tower, or guy-wire supports for lattice towers, to the property line. For ground structure associated with the tower and located at the same site the minimum setback on all sides shall be fifty (50) feet.

(b)
Landscaping and Screening The visual impacts of the facility shall be mitigated from nearby viewers by provision of an opaque screen as defined in Chapter VI, Supplementary Regulations, Section 14-601.2A, within a landscaped strip no less than four (4) feet wide located outside the perimeter fence. Sites may be
exempted from these requirements provided the Codes Enforcement Official finds the vegetation or topography of the site provides a natural buffer.
(c)
Perimeter Fencing A chain-link fence or solid wall not less than eight (8) feet in height consisting of at least six (6) feet of material plus two (2) feet of barbed
wire on the top of fence measured from finished grade of site shall be provided around the facility. Access to the facility shall be limited to a locked gate.
(d)
Lighting All artificial lighting deemed necessary or required by federal regulations shall be shielded and oriented inward within the facility so as not to project on the surrounding properties.
(e)
Visual Effects All towers shall either maintain galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(f)
Standards All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers or antenna arrays. If such standards and/or regulations are changed, the owners of the towers and/or antennas shall bring towers and/or antennas into compliance with revised standards within six (6) months of the effective date of such standards and/or regulations unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers an antennas into compliance shall constitute grounds for removal of the tower or antenna at the owner’s expense.
(g)
Removal of Obsolete or Unused Facilities All obsolete or unused communication

facilities shall be removed by the property owner within six (6) months of cessation of use. The applicant shall submit an executed Removal Agreement to ensure compliance with this requirement.

(h)
Facility Changes Any changes to antenna, reception, or transmitting devices shall require review in the same manner as the existing facility was originally approved.
(i)
Signs and Advertising The use of any portion of a tower for signs or advertising purposes including banners, streamers, etc. is prohibited except as needed for warning or identification.
(j)
Equipment Storage Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on site unless repairs are being made.
(k)
Maintenance Adequate inspection and maintenance shall be performed to insure the structural integrity of the facility and to prevent deterious conditions from occurring on the site. An annual report regarding the structural integrity of the facility shall be
prepared by a professional engineer licensed by the State of Tennessee and submitted to the Codes Enforcement Office.
(l)
Road Access All access roads, including necessary drainage facilities, shall be constructed

to meet the street construction specifications of the McMinnville Subdivision Regulations, except if allowed to be reduced by administrative review of the Public Works Director or other applicable city official.

14-604.11C That the McMinnville Zoning Code be hereby amended so as to modify the provisions for the following zoning districts to include wireless communication tower structures and antenna arrays as permitted uses subject to compliance with the provisions Chapter VI, Section 14-604.11: R-1, R-2, R-3, R-4, C-2 AND C-3.

SECTION 14-605 PARKING, STORAGE, AND USE OF MAJOR RECREATIONAL EQUIPMENT, VEHICLES, AND TRUCKS

14-605.1 In all residential districts, including the R-5, Residential-Commercial District, no vehicles or trailers of any kind or type without current license plates shall be parked or stored only in a completely enclosed building.

14-605.2 In all residential districts, including the R-5, Residential-Commercial District, no major recreational equipment (including boats and boat trailers, travel trailers, partial travel trailer units, and the like, and equipment used for transporting such) shall be parked or stored in any front yard or in any required side yard except for periods not to exceed twenty-four (24) hours during loading and unloading. No such recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

14-605.3 In all residential districts, including the R-5, Residential-Commercial District, no truck of a rated capacity of greater than 3/4 ton nor any parcel or other truck painted with any sign nor any other vehicle or heavy equipment may be parked on any lot or in the public rightof-way adjacent to any lot overnight nor stored or parked while loading or unloading for periods in excess of twenty-four (24) hours except in an enclosed building.

SECTION 14-606 FENCES, WALLS, AND HEDGES

Notwithstanding other provisions of this Official Zoning Code, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge along the sides or front edge of any front yard shall cause any impairment to vision or create safety hazards at any street intersection.

SECTION 14-607 FRONT YARD SETBACK LINE EXEMPTIONS

The setback requirement of this Official Zoning Code for dwellings shall not apply to any lot where the average depth of existing setbacks on the developed lots located within one-hundred (100) feet on each side of such lot is less than the minimum required front yard depth. In such cases, the front yard setback may be less than required but not less than the average of the existing depth for front yards on developed lots within one-hundred

(100) feet. In residential districts, however, the setback shall in no case be less than thirty (30) feet from the center line of the streets.

SECTION 14-608 TEMPORARY STRUCTURES

Temporary structures and operations in connection with, and on the site of building and land developments, including grading, paving, installation of utilities, erection of field offices, erection of structures for storage of equipment and building materials and the like, are permitted in each zoning district provided that such uses are subject to the issuance of a permit by the Building Inspector. No such permit shall be for a period of more than six (6) months, but shall be renewable by the Building Inspector for periods of not more than six (6) months.

SECTION 14-609 LAND SUBJECT TO FLOODING

The following regulations shall apply to all land subject to flooding within the corporate limits of the City of McMinnville:

14-609.1 DELINEATION OF LAND SUBJECT TO FLOODING

For the purpose of this Official Zoning Code, land subject to flooding shall be delineated as these areas within the City of McMinnville shown as areas of special flood hazard on the Warren County, Tennessee, Federal Emergency Management Agency, Flood Insurance Rate Maps, Community Panel Numbers 47177C, 0025-0145, dated March 16, 1988 and any subsequent amendments or revisions.

For the purpose of general identification, the areas of special flood hazard are shown as special overlay zoning districts on the Official Zoning Map, however, for more exact location of the boundaries of these floodable areas, the above cited Flood Insurance Rate Maps should be utilized.

14-609.2 REGULATIONS FOR DEVELOPMENT

For the purpose of this Official Zoning Code, all development in those areas designated as land subject to flooding within the corporate limits of the City of McMinnville shall be subject to the provisions of Title 14, Chapter 8 of the McMinnville Municipal Code and any subsequent amendments or revisions to said Chapter. Title 14, Chapter 8 of theMcMinnville Municipal Code is attached as Appendix A of this Official Zoning Code.