Prepared by

the

PARSONS MUNICIPAL-REGIONAL PLANNING COMMISSION

Bob White, Chairman

Danny Roberts, Mayor Tom Leitch

Bob Watkins, Vice-Chairman

John Jones, Secretary

Assisted by the

Local Planning Division

West Tennessee Section

Jackson, Tennessee

PLANNING AND ZONING

ARTICLE

I. MUNICIPAL-REGIONAL PLANNING COMMISSION

II. TITLE AND PURPOSE

III. GENERAL PROVISIONS

IV. ESTABLISHMENT OF DISTRICTS

V. PROVISIONS GOVERNING RESIDENCE DISTRICTS

VI. PROVISIONS GOVERNING BUSINESS DISTRICTS

VII. PROVISIONS GOVERNING INDUSTRIAL DISTRICTS

VIII. EXCEPTIONS AND MODIFICATIONS

IX. ENFORCEMENT

X. BOARD OF ZONING APPEALS

XI. AMENDMENT

XII. LEGAL STATUS PROVISIONS

ARTICLE I

PARSONS MUNICIPAL-REGIONAL PLANNING COMMISSION

SECTION

A. Creation and Membership

B. Organization, Rules, Staff and Finances

C. Powers and Duties

Section A. Creation and Membership. Pursuant to the provisions of Section 13-3-102, Tennessee Code Annotated, there is hereby created a municipal-regional planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of five (5) members; two (2) of these shall be the Mayor and another member of the City Council by the City Council; all other three (3) members shall be appointed by the Mayor. All members of the planning commission shall serve as such without compensation. Except for the initial appointments, the terms of the three (3) members appointed by the Mayor shall be for three (3) years each. The three (3) members first appointed shall be appointed for terms of one (1), two (2), and three (3) years respectively so that the term of one (1) member expires each year. The terms of the Mayor and the member selected by the City Council shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term of the Mayor, and he shall have power to remove any appointive member at his pleasure.

Section B. Organization, Rules, Staff and Finance. The planning commission shall elect its chairman from its appointive members. The term of chairman shall be one year with eligibility for re-election. The commission shall adopt rules for the transactions, findings and determinations, which record shall be a public record. The commission may appoint such employees and staff as it may deem necessary for its work and may contract with city planners and other consultants for such services as it may require. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council.

Section C. Powers and Duties. The planning commission shall be organized and shall carry out its powers, functions, and duties in accordance with Title 13 of the Tennessee Code Annotated.

ARTICLE II

TITLE AND PURPOSE

SECTION

A. Title

B. Purpose

Section A. Title. Articles II through XII shall be known as the "Zoning Ordinance of the City of Parsons, Tennessee". The map herein referred to, which is identified by the title "Zoning Map of Parsons, Tennessee", which is on file in the Parsons City Hall is hereby adopted and made a part of this ordinance.

Section B. Purpose. The zoning regulations and districts as herein set forth have been made in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals, and convenience, order, prosperity, and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land through the town.

ARTICLE III

GENERAL PROVISIONS

SECTION

A. Provisions Apply to Whole Town

B. Definitions

C. Zoning Affects Every Building and Use

D. Continuance of Non-conforming Use

E. Erection of More Than One Principal Building on Any Lot

F. Street Frontage

G. Off-Street Automobile Storage

H. Required Yard Cannot be Used by Another Building

I. Rear Yard Abutting a Public Street

J. Obstruction to Vision at Street Intersection Prohibited

K. Off-street Loading and Unloading Space

L. Access Control

M. Future Street Lines

Section A. Provisions Apply to Whole Town. For the purpose of this ordinance, there shall be certain general provisions which shall apply to the town as a whole.

Section B. Definitions. Unless otherwise stated the following words shall, for the purpose of this ordinance, have the meaning herein indicated. Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "shall" is mandatory, not directory.

1. "Alley". Any public or private way set aside for public travel twenty (20) feet or less in width.

2. "Building". Any structure constructed or used for residence, business, industry, or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, billboards, signs and similar structures whether stationary or movable.

(a) "Principal Building". A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated.

(b) "Accessory Building". A subordinate building, the use of which is incidental to that of a principal building on the same lot. Swimming pools shall be considered accessory buildings in residential districts.

3. "Dwelling, Single-Family". A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

4. "Dwelling, Two-Family". A detached residential dwelling unit other than a mobile home, designed for and occupied by two families only.

5. "Dwelling, Multiple-Family". A residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

6. "Townhouse". A building consisting of a series of three (3) or more non-communicating one-family dwelling sections with separate entrance on ground level to each unit, and having a common wall between each two (2) adjacent sections.

7. "Dwelling Unit". One room or rooms connected together constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

8. "Family". One (1) or more persons occupying a premise and living as a single, nonprofit housekeeping unit.

9. "Lot". A piece, parcel, or plot of land in one ownership, which may include one (1) or more lots on record, occupied or to be occupied by buildings and accessory buildings and including the open spaces required under this ordinance. All lots shall front on and have access to a street.

(a) "Lot Line". The boundary dividing a given lot from a street, an alley, or adjacent lots.

(b) "Lot of Record". A lot, the boundaries of which are filed as a legal record.

10. "Mobile Home". A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks and other temporary or permanent foundations, connection to utilities, and the permanent foundations, connection to utilities, and the like. The character of a mobile home as a non-permanent dwelling shall not be changed in the view of this ordinance by removal of the wheels and/or carriage or placement on a permanent foundation.

A travel trailer is not to be considered as a mobile home.

11. "Travel Trailer". A travel trailer, pick-up camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing or a unit which:

(a) can operate independent of connections to external sewer, water and electrical systems;

(b) contains water storage facilities and may contain a lavatory, kitchen sink and/or bath facilities; and/or

12. "Nonconforming Use". A use of a building or of land or of land lawful at the time of the enactment of this ordinance that does not conform with the provisions of this ordinance for the district in which it is located.

13. "Nonconforming Structure". A structure which was lawfully constructed prior to enactment, or amendment, of this ordinance that does not conform with the provisions of this ordinance for the district in which it is located.

14. "Story". That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or any portion of a building used for human occupancy between the topmost floor and the roof. A basement not used for human occupancy other than for a janitor or domestic employee shall not be counted as a story.

15. "Street". Any public or private way set aside for public travel twenty-one (21) feet or more in width. The word "street" shall include the words "road", "highway", and "thoroughfare".

16. "Total Floor Area". The area of all floors of a building including finished attic, finished basements, covered porches and attached garages or carports.

17. "Area of Building". The area of the first floor of the building including covered porches, attached garages and carports.

18. "Yards". A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

(a) "Front Yard". The yard extending across the entire width of the lot between the front yard line, and the nearest part of the principal building, including covered porches and carports.

(b) "Rear Yard". The yard extending across the entire width of the lot between the rear lot line, and the nearest part of the principal building, including covered porches and carports.

(c) "Side Yard". A yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building, including covered porches and carports.

19. "Clinic". A facility for the examination and treatment of ill and afflicted human outpatients provided, however, that patients are not kept overnight except under emergency conditions. This includes doctor and dental offices.

20. "Mobile Home Park". Any plot of ground upon which three (3) or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

21. "Travel Trailer Park". The term travel trailer park shall mean any plot of ground within the City of Parsons on which two (2) or more travel trailers, occupied for camping or periods of short stay, are located.

22. "Junk Yards". Commercial establishment used for the storage, sale and trade of scrap materials.

Section C. Zoning Affects Every Building and Use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except as hereinafter stated.

Section D. Continuance of Non-conforming Use.

1. Within the districts established by this ordinance or amendments that may later be adopted there exist uses and/or structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment the following shall apply:

(a) Any non-conforming structure may not be:

(1) Extended except in conformity with this ordinance.

(2) Rebuilt or repaired after damage exceeding seventy-five (75) percent of replacement value except in conformity with the provisions of this ordinance.

(3) Removed and replaced with another non-conforming structure.

(b) Any non-conforming use of land may not be:

(1) Changes to another non-conforming use which would be more detrimental to the district in which it is located.

(2) Extended, except in conformity with this ordinance.

(1) Changed to another non-conforming use.

(2) Re-established after discontinuance of one year.

(3) Extended except in conformity with this ordinance.

(d) Any structure used for a non-conforming use shall not be rebuilt or repaired after damage exceeding seventy-five (75) percent of replacement cost unless the use and structure conform to the provisions of this ordinance.

2. For any non-conformities created by amendments to this ordinance passed after the passage of Chapter 279 of the Public Acts of 1973 of the State of Tennessee the following shall apply:

(a) Residential non-conformity will apply as stated in paragraph 1, Section D.

(b) Industrial, commercial, or business establishments, which were non-conformities prior to the passage of Chapter 270 of the Public Acts of 1973 will be covered by Paragraph 1, Section D.

(c) Industrial, commercial, or business establishments, which were made non-conformities after the passage of Chapter 270 of the Public Acts of 1973 will be permitted to expand, rebuild or destruct in accordance with the provisions of Section 13-7-208, Tennessee Code Annotated.

Section E. Erection of More Than One Principal Building on Any Lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided the yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot. This provision does not apply to group housing developments as permitted under Article XIII.

Section F. Street Frontage Required. No building shall be erected in any district except the B-2 (Central Business District) on a lot which does not abut at least one public street for at least fifty (50) feet. This shall not be construed to apply to properties abutting a cul-de-sac type turn-around: a minimum street abutment of twenty-five (25) feet shall apply to cul-de-sac turn-arounds provided, that the minimum lot width requirements if provided at the front yard setback (building) line.

Section G. Off-street Automobile Storage.

1. There shall be provided, at the time of erection of any building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use of occupancy to another, permanent off-street parking space of at least two hundred (200) square feet per space with vehicular access to a street or alley. The city reserves the right to control ingress and egress over private right-of-way. Off-street parking space shall be deemed to be required open space associated with the permitted use and shall not hereafter be reduced or encroached upon in any manner.

(a) Dwelling: Not less than one (1) space for each dwelling plus 1-1/2 spaces for each additional unit or apartment.

(b) Boarding Houses, Rooming Houses: No less than one (1) space for each room or unit occupied by boarders or roomers.

(d) Office Buildings, Manufacturing or Other Industrial Building or Use: In all business and industrial districts, except a B-2 (Central Business District) not less than one (1) space for each two (2) persons employed computed on the basis of total number of employees on the two largest consecutive shifts. In addition, there shall be sufficient parking for all vehicles used directly in the conduct of such offices or industrial use.

(e) Retail Uses: In all business and industrial districts, except a B-2 (Central Business District), not less than one (1) square for each two hundred (200) square feet of store sales area.

(f) Theaters, Auditoriums, Stadiums, Churches, or Other Use Designed to Draw an Assembly of Persons: Not less than one (1) space for each five (5) seats provided in such place of assembly, except in a B-2 (Central Business District).

(g) Public Building: Not less than one (1) space for each two hundred (200) square feet of total floor area of all floors in building except basement, except in a B-2 (Central Business District).

(h) Medical Offices: In all business districts, except a B-2 (Central Business District) three (3) patient's parking spaces per staff doctor, plus two (2) per three (3) employees, plus one (1) per staff doctor.

(i) Funeral Homes: In all business districts, except a B-2 (Central Business District) one space for each company vehicle plus one space for each three (3) seats in meeting room.

2. Parking space maintained in connection with an existing and continuing main building or structure on the effective date of this ordinance up to the number required by this ordinance shall be continued and may not be counted as serving a new structure or addition, nor may any parking space be substituted for a loading space, nor any loading space substituted for a parking space.

3. If off-street parking space required above cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Zoning Appeals may permit such space to be provided on other off-street property provided such space lies within four hundred (400) feet of the main entrance to such principal use. Such vehicle standing space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Section H. Required Yard Cannot Be Used by Another Building. No part of a yard or other open space required about any building for the purpose of complying with the provisions of these regulations shall be included as a part of a yard or other open space required under these regulations for another building.

Section I. Rear Yard Abutting a Public Street. When the rear yard of a lot abuts a public street, all structures built in that rear yard shall observe the same setback from the street line, centerline of the street, or property line as required for adjacent properties which front on that street. In addition, any structure located within twenty-five (25) feet of that setback line shall be no closer to any side property than the distance required for side yards on adjoining properties fronting on that street.

Section J. Obstruction to Vision at Street Intersection Prohibited. On a corner lot not in a B-2 (Central Business District), within the area formed by the center lines of the intersecting or intercepting streets and a line joining points on such center lines at a distance of seventy (70) feet from their intersection there shall be no obstruction to vision between a height of two and one-half (2-1/2) feet and a height of ten (10) feet above the average grade of each street at the center line thereof. The requirements of this section shall not be construed to prohibit any necessary retaining wall.

Section K. Off-street Loading and Unloading Space. In all business and industrial districts, except a B-2 (Central Business District) every building or structure used for business or trade shall provide adequate space for the loading or unloading of vehicles off the street or public alley. Such space shall have access to a public alley or if there is no alley, to a public street. Loading space maintained in connection with an existing and continuing main building or structure on the effective date of this ordinance up to the number required by this ordinance shall be continued and up to the number required by this ordinance shall be continued and may not be counted as serving a new structure or addition.

Section L. Access Control. In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict by reducing the points of contact, the following regulations shall apply:

1. A point of access, i.e., a drive or other opening for vehicles onto a street shall not exceed thirty (30) feet in width.

2. There shall be not more than two (2) points of access to any one (1) public street on a lot less than 400 feet but more than 100 feet in width. Lots less than one hundred (100) feet in width shall have no more than one (1) point of access to any one (1) public street.

3. Point of access to any one (1) public street for lots of more than four hundred (400) feet in width shall be no closer than one hundred (100) feet apart.

4. No point of access shall be allowed within ten (10) feet of the right-of-way of any public street intersection.

5. Where sidewalks exist, the area existing between the street and an interior parking space or driveway parallel to the street shall have a curb of at least six (6) inches in height and six (6) inches in width separating the parking area from the sidewalk to prevent encroachment of vehicles onto the sidewalk area.

6. No curbs on city streets or rights-of-way shall be cut or altered without written approval of the Building Inspector.

7. Cases requiring variances relative to this action, and hardships not caused by the property owner, shall be heard and acted upon by the Board of Zoning Appeals, provided, further that no curb cuts for off-street automobile storage or parking space shall be permitted where the arrangement would require that vehicles back directly into a public street (this is not to include private parking for residential property).

8. Access control on property abutting state or federal highways shall be governed by official regulations of the Tennessee Department of Highways or the provisions of this ordinance which ever is higher.

Section M. Future Street Lines. For the purpose of providing adequate space for widening streets in the future, the minimum required front yard on a lot abutting a major street shall be measured from the proposed right-of-way width shown on the latest Major Street Plan officially adopted and placed on public record by the planning commission.

ARTICLE IV

ESTABLISHMENT OF DISTRICTS

SECTION

A. Classification of Districts.

B. Boundaries of Districts.

Section A. Classification of Districts. For the purpose of this ordinance, Parsons, Tennessee, is hereby divided into five (5) districts, designated as follows:

R-1 Low Density Residential

R-2 Medium Density Residential

B-1 General Business

B-2 Central Business District

M-1 Industrial

Section B. Boundaries of Districts.

1. The boundaries of districts in Section A. of this Chapter are hereby established as shown on the Official Zoning Map entitled "Zoning Map of Parsons, Tennessee", which is a part of this ordinance and which is on file in the city hall.

2. Unless otherwise indicated on the zoning map, the boundaries are lot lines, the center lines of streets or alleys, railroad rights-of-way, or the corporate limit lines as they existed at the time of the enactment of this ordinance. Questions concerning the exact locations of district boundaries shall be determined by the Board of Zoning Appeals.

3. Where a district boundary divides a lot, as existing at the time this ordinance takes effect and the major portion of said lot is in the less restricted district, the regulations relative to that district may be extended to twenty (20) feet within the more restricted district within said lot.

ARTICLE V

PROVISIONS GOVERNING RESIDENTIAL DISTRICTS

SECTION

A. R-1 (Low Density Residential) Districts.

B. R-2 (Medium Density Residential) Districts.

Section A. R-1 (Low Density Residential) Districts. Within the R-1 (Low Density Residential) Districts, as shown on the zoning map of Parsons, Tennessee, the following regulations shall apply:

1. Uses Permitted.

(a) Single family and two family dwellings, excluding mobile homes on individual lots.

(b) Accessory buildings or uses customarily incidental to any aforementioned permitted use.

(c) Real estate signs advertising the sale, rental, or leasing of only the premises on which they are maintained, provided that they are not over four (4) square feet in area.

2. Uses Permissible on Appeal.

(a) Churches and other places of worship, parish houses, public libraries, schools offering general education courses, public parks and public recreational facilities, railroad right-of-way, as a matter of right, provided, however, that the provisions of this ordinance are observed and subject to approval of the site plans by the Board of Zoning Appeals. The Board of Zoning Appeals may attach such conditions to permit as are necessary to minimize vehicle and pedestrian congestion and to preserve and protect the character of the district.

(b) Customary incidental home occupations provided that no building permit or certificate of occupancy for such use shall be issued without the written approval of the Board of Zoning Appeals and subject to such conditions as the Board of Zoning Appeals may require in order to protect and preserve the character of the neighborhood in which the proposed use is located; and then provided further that:

(1) the proposed use shall be located and conducted in the principal building only;

(2) the principals and employees engaged in the proposed use shall be residents of the dwelling unit in which the proposed use is located;

(3) not more than fifteen (15) percent of the total floor area in dwelling unit shall be devoted to proposed use;

(4) proposed use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere;

(5) no activity, materials, goods, or equipment indicative of the proposed use shall be visible from any public way;

(6) the proposed use shall not be advertised by the display of goods or signs on the lot on which the proposed use is located;

(7) the proposed use shall not generate noise, odor, fumes, smoke, vehicular or pedestrian traffic, nor nuisance of any kind which would tend to depreciate the residential character of the neighborhood in which the proposed use is located; and

(8) the proposed use shall provide adequate off-street parking facilities;

(9) the following occupations, subject to the preceding requirements, shall be the only ones permitted as customary home occupations, provided a resident of the home is engaged in such occupations.

(I) Artist, sculptor, author.

(II) Dressmaker, milliner, seamstress, tailor.

(III) Beauty and barber shops, limited to two (2) operators, one of whom may be a non-resident of the home.

(IV) Day care, provided compliance with all State and Federal laws governing day care.

(V) Foster care, provided compliance with all State and Federal laws governing foster care.

(VI) Teaching, including tutoring, musical instruction or dancing, but limited to two (2) pupils present for instruction at one time.

(VII) Rooming and boarding houses limited to three (3) non-family roomers or boarders.

(VIII) Other uses similar in nature, which will not be a detriment to the neighborhood or adjacent structures, as determined by the Board of Zoning Appeals.

(10) Nothing in this section shall be interpreted to mean the discontinuance of an existing lawful home occupations, and those existing home occupations allowed to lapse for one (1) year or more shall be governed by the foregoing provisions relative to home occupations.

3. Uses Prohibited.

(a) Any other use of structure not specifically permitted or permissible on appeal in this Chapter. This shall include mobile homes on individual lots, mobile home parks, advertising signs or billboards, except as specifically permitted by this provision.

4. Location of Accessory Buildings.

(a) No accessory building shall be erected in any required front or side yard. Accessory building shall not cover more than thirty (30) percent of any required rear yard, and shall be at least five (5) feet from all lot lines and from any other building on the same lot.

(b) Accessory buildings on corner lots shall conform with front yard setbacks for both intersecting streets.

5. Regulations Controlling Lot Area, Lot Width, Yards, Building Height. The principal building shall be located so as to comply with the following requirements:

(a) Minimum required lot area.

(1) Single Family 10,000 sq. ft.

(2) Two Family 17,500 sq. ft.

(3) Churches One (1) acre or 200 square feet of lot area per auditorium seat, which ever is greater.

(4) Schools Four (4) acres plus one (1) acre for each 100 students.

(5) Other Uses As required by the Board of Zoning Appeals.

(b) Minimum required lot width at the building line.

(1) Dwellings 75 feet

(2) Churches 200 feet

(3) Other Uses As required by the Board of Zoning Appeals.

(1) Dwellings 30 feet

(2) Churches 40 feet

(3) Other Uses 40 feet or more as required by the Board of Zoning Appeals.

(d) Minimum required rear yard.

(1) Dwellings 30 feet

(2) Churches 30 feet

(3) Other Uses 30 feet or more as required by the Board of Zoning Appeals.

(4) Rear Yard on 25 feet

Corner Lot

(e) Minimum required side yard on each side of lot.

(1) Dwellings -

One & Two Story 15 feet

Three Story 20 feet

(2) Churches 30 feet

(3) Other Uses 15 feet or more as required by the Board of Zoning Appeals.

(f) Minimum required side yard for side facing street on corner lots - 30 feet.

(g) Maximum lot coverage by all buildings

(1) Dwellings and

accessory 30%

(2) Churches 25%

(3) Other Uses 50% or less as required by the Board of Zoning Appeals.

(h) Maximum permitted height of structures.

(1) No building shall exceed three (3) stories or thirty-five (35) feet in height.

(2) On a lot less than fifty (50) feet in width at the building line no building shall exceed one and one-half (1-1/2) stories or twenty-five (25) feet in height.

(3) No accessory building shall exceed two (2) stories in height.

(4) Free standing poles, spires, towers, antennae and similar structures not designed for, or suitable to human occupancy may exceed the height provisions of this ordinance provided they comply with all other codes and ordinances and provided that they are located a distance equal to their own height plus ten (10) feet from the nearest property lines, unless adjoining property owners sign a written waiver.

Section B. R-2 (Medium Density Residential) Districts. Within the R-2 (Medium Density Residential) Districts as shown on the Zoning Map of Parsons, Tennessee, the following regulations shall apply:

1. Uses Permitted.

(a) Single family and two family dwellings, and mobile homes on individual lots;

(b) Townhouses and multiple family dwellings or apartments, provided however, that the building inspector shall not issue a permit for any dwelling containing three (3) or more units until a site plan has been submitted to and approved by the Parsons Planning Commission. The site plan shall show the location, height, and bulk of all proposed buildings, pedestrian and vehicular circulation, off-street parking, walls, hedges, fences and the proposed system for storm drainage. The proposed building shall meet all minimum lot and yard requirements of this section. In addition, the planning commission shall have the power to impose greater requirements than those set forth in this section or to impose conditions on the location and design of access points or other features as may be required to protect the neighborhood from traffic congestion or other similar features not directly related to the public health, safety and welfare. The planning commission and city board shall state in writing the reasons for denial of any properly submitted site plan. Any site plan not acted upon within sixty (60) days from submittal shall be deemed approved.

(c) Mobile Home Park, provided however, that a site plan has been submitted to and approved by the Parsons Planning Commission, and further provided that the park is developed in conformance with the following minimum requirements and provisions:

(1) The site shall contain a minimum of two (2) acres.

(2) The site plan drawn to a scale of 1" = 100' shall include:

a. Area and dimensions of the tract of land to be used for a mobile home park;

b. Number, location and size of all mobile home and trailer spaces;

c. Location and width of roadways, walkways, and easements;

d. Location of all existing or proposed buildings and other structures, screening and existing or proposed utilities;

e. Topography and a drainage and grading plan for the site.

(3) Mobile homes shall not be used for commercial, industrial, or other non-residential uses within the mobile home park.

(4) Access roads within a mobile home park shall be to a width of not less than eighteen (18) feet. Where access roads are to a width of twenty eight (28) feet or more, the required guest parking area shall be waived.

a. Access roads shall be constructed in the following manner:

Base

A compacted base couse of crushed stone, (Grade D or Grade B), Camden chert, or equal six (6) inches deep and three (3) feet wider than the width of the pavement requirement on each side of the road (twenty-four (24) total).

(5) All mobile homes shall be secured to the site through an anchorage system consisting of over the top tie downs to restrict the unit from being pushed from its piers. These tie downs shall meet the anchorage requirements specified by Tennessee State Statutes.

(6) Utility connections shall be provided in a permanent type installation at each mobile home space.

(7) Each mobile home space shall be adequate for the type of unit occupying type of the same. In addition, each mobile home space shall contain:

a. A minimum lot area of thirty-six hundred (3,600) square feet.

b. A minimum front yard of twenty (20) feet shall be required, unless end parking of an automobile is provided. In the case that side parking is provided, the minimum side yard requirement shall be fifteen (15) feet.

(8) Each mobile home park shall be setback a minimum of twenty-five (25) feet from all street or road right-of-ways.

(9) There shall be a setback of ten (10) feet from other property lines.

(10) Recreation areas and facilities, such as playgrounds, swimming pools, and community buildings should be provided to meet the anticipated needs of the clientele the park is designed to serve.

(11) Required off-street parking areas.

a. Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at a rate of at least two (2) car spaces for each mobile home lot.

b. The size of the individual parking space shall consist of a minimum width of not less than ten (10) feet and a length of not less than twenty (20) feet.

c. Additional parking spaces for recreational centers, service buildings and other accessory uses may be required by the planning commission according to the design of the mobile home park site plan.

d. Accessory buildings customarily incidental to any aforementioned permitted use.

e. Real estate signs advertising the sale, rental or lease of only the premises on which they are maintained, provided that are not over four (4) square feet in area.

2. Uses Permissible on Appeal.

(a) Churches and other places of worship, parish houses, public libraries, schools offering general education courses, public parks and public recreational facilities, and railroad right-of-way shall be permitted as a matter of right, provided, however, that the provisions of this ordinance are observed and subject to approval of the site plans by the Board of Zoning Appeals. The Board of Zoning Appeals may attach such conditions to the permit as are necessary to minimize vehicle and pedestrian congestion and to preserve and protect the character of the district in which the proposed use is located. This power shall include: the power to require greater setbacks and yard spaces than required by other provisions of this ordinance, the power to specify access points and driveway and parking locations, and similar site design matters. This power shall not include the power to specify or alter the style of proposed buildings, the power to specify building materials or colors, or other similar powers.

(b) The Board of Zoning Appeals may at its discretion permit county, state, or federal uses, public utilities facilities, cemeteries, kindergartens, philanthropic institutions and clubs, except a club the chief activity of which is customarily general farming uses, gardens, and buildings incidental thereto, but not including commercial, animal or poultry farms or kennels; provided, however, that no permit shall be issued except with the written approval of the Board of Zoning Appeals and subject to such conditions as the Board of Zoning Appeals may require in order to preserve and protect the character of the neighborhood in which the proposed use is located; and provided further that:

(1) the proposed use shall be located and conducted in the principal building only;

(2) not more than fifteen (15) percent of the total floor area in dwelling unit shall be devoted to proposed use;

(3) the principals and employees engaged in proposed use shall be residents of the dwelling unit in which the proposed use is located;

(4) proposed use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere;

(5) no activity, materials, goods, or equipment indicative of the proposed use shall be visible from any public way;

(6) the proposed use shall not be advertised by the display of goods or signs on the lot on which the proposed use is located;

(7) the proposed use shall not generate noise, odor, fumes, smoke, vehicles or pedestrian traffic, nor nuisance of any kind which would tend to depreciate the residential character of the neighborhood in which the proposed use is located;

(8) the proposed use shall provide adequate off-street parking facilities;

(9) the following occupations, subject to the preceding requirements, shall be the only ones permitted as customary home occupations provided a resident of the home is engaged in such occupations:

(I) Artist, sculptor, author;

(II) Dressmaker, milliner, seamstress, tailor;

(III) Beauty and barber shops, limited to two (2) operators, one of whom may be a non-resident of the home;

(IV) Day care, provided, compliance with all State and Federal laws governing day care;

(V) Foster care, provided compliance with all State and Federal laws governing foster care;

(VI) Teaching, including tutoring, musical instruction or dancing, but limited to two (2) pupils present for instruction at any one time.

(VII) Rooming and boarding houses limited to three (3) non-family roomers or boarders.

(VIII) Other uses similar in nature, which will not be a detriment to the neighborhood or adjacent structures, as determined by the Board of Zoning Appeals.

(10) Nothing in this section shall be interpreted to mean the discontinuance of an existing lawful home occupation, but henceforth all new home occupations, and those existing home occupations allowed to lapse for one (1) year or more shall be governed by the foregoing provisions relative to home occupations.

3. Uses Prohibited.

(a) Any other use or structure not specifically permitted or permissible on appeal in this Article. This shall include advertising signs, or billboards, except as specifically permitted by these provisions.

4. Location of Accessory Buildings.

(a) No accessory building shall be erected in any required front or side yard. Accessory buildings shall not cover more than thirty (30) percent of any required rear yard, and shall be at least five (5) feet from all lot lines and from any other building on the same lot.

(b) Accessory buildings on corner lots shall conform with front yard setback for both intersecting streets.

5. Regulations Controlling Lot Area, Lot Width, Yards, Building Coverage and Building Height.

(a) Minimum required lot area.

(1) Single Family 7,500 sq. ft.

(2) Two Family 12,500 sq. ft.

(3) Multi-Family 5,500 sq. ft. for the first dwelling unit plus 2,500 sq. ft. for each additional dwelling unit.

(4) Townhouses 3,500 sq. ft. per unit

(5) Churches One (1) acre or 200 sq. ft. of lot area per auditorium seat, whichever is greater.