The City of Decherd

Big City

Small Town

RESIDENCE DISTRICTS

 

SECTION

14-301. General.

14-302. R-1 Low density residential district.

14-303. R-2 Medium density residential district.

14-304. R-3 High density residential district.

14-305. R-1A Low density residential district.

14-306. R-3A High density residential district. 

 

14-301. General. It is the intent of this title that residential districts be reserved predominately for residence, and contain public and semi-public land uses which are necessary to serve the residents; to protect residents, as far as possible, against congestion and through traffic; to promote the stability and character of residential development; and to promote the most desirable use of land in accordance with Decherd's comprehensive plan. (1972 Code, § 11-301)

14-302. R-1 Low density residential district. It is the intent of the R-1 residential district to provide a suitable open character of development for single family detached dwellings at low densities. Within the R-1 residential district of the City of Decherd, Tennessee, the following uses are permitted:

(1) One (1) family dwellings, except trailers and mobile homes.

(2) Agriculture, except the commercial raising of livestock.

(3) Church bulletin boards not exceeding twenty (20) square feet in area.

(4) Churches, provided that:

(a) There is a planted buffer strip at least ten (10) feet wide along the property line, except the front and

(b) The buildings are located not less than fifty (50) feet from any property line.

(5) Customary accessory buildings, including private garages and non-commercial workshops, provided they are located in the rear yard and not closer than five (5) feet to any lot line.

(6) Customary incidental home occupations including the professional office of an architect, artist, dentist, engineer, lawyer, physician and the like, barber, beauty and tailor shops, or the accommodation of not more than two (2) boarders provided there is no external evidence of such occupation except an announcement sign not more than two (2) square feet in area and that the operations are conducted within a dwelling by not more than one (1) person in addition to those persons resident therein.

(7) Hospitals.

 

14-12

(8) Municipal, county, state or federal buildings or land uses.

(9) Nursery schools, day care centers, or kindergartens provided that there are at least one hundred (100) square feet of out door play area for each child and the play area is enclosed by a fence at least five (5) feet high that will contain children. Play area is not required for children one (1) year old or younger.

(10) Public and semi-public recreational facilities and grounds.

(11) Schools offering general education courses.

(12) Signs not more than six (6) square feet in area advertising the sale or rental of the property on which they are located.

(13) Substations, such as electric, telephone or gas, if essential for service to the zoning district in which it is proposed they be located, provided that:

(a) The structures are placed not less than fifty (50) feet from any property line;

(b) The structures are enclosed by a woven-wire fence at least eight (8) feet high;

(c) No vehicles or equipment are stored on the premises; and

(d) The lot is suitably landscaped, including a planted buffer strip at least ten (10) feet wide along the side and rear property lines. (1972 Code, § 11-302)

14-303. R-2 Medium density residential district. It is the intent of the R-2 residential district to provide for a less restricted type of residential development at higher densities than, but under similar environmental conditions as in the R-1 district and to better facilitate convenience, economy, and the use of urban facilities. Within the R-2 residential district of the City of Decherd, Tennessee, the following uses are permitted:

(1) Any use permitted in the R-1 residential district.

(2) Two (2) family dwellings.

(3) Nursing homes.

(4) Cemeteries. (1972 Code, § 11-303)

14-304. R-3 High density residential district. This section provides for residences at high densities, including multi-family dwellings, mobile homes, and other general types of residential development. However, it is the intent of this title that the R-3 district contain sound development and be a desirable place in which to live. Within the R-3 residential district of Decherd, Tennessee, the following uses shall be permitted:

(1) Any use permitted in the R-2 residential district.

(2) Multi-family dwellings.

(3) Boarding and rooming houses.

 

14-13

(4) Mobile homes, subject to the requirements of § 14-209 and as provided by § 14-1002, subsection (2), Decherd Municipal Code, as amended.

(5) Trailer parks, not including the sale or services to mobile homes, provided the requirements of Title 14, Chapter 10 in its entirety, and § 14-207, subsection (15) of the Decherd Municipal Code are met. (1972 Code, § 11-304)

14-305. R-1A Low density residential district. It is the intent of the R-1A residential district to provide a suitable open character of development primarily for single family detached dwellings at low densities.

Within the R-1A residential district of the City of Decherd, Tennessee, the following uses are permitted:

(1) One (1) family dwellings, except trailers and mobile homes.

(2) Customary accessory buildings, including private garages and non-commercial workshops, provided they are located in the rear yard and not closer than ten (10) feet to any lot line.

(3) Municipal, county, state, or federal land uses that are designed to be compatible with low density single family residential development.

(4) Substations, such as electric, telephone or gas, if essential for service to the zoning district in which it is proposed they be located, provided that:

(a) The structures are placed not less than fifty (50) feet from any property line;

(b) The structures are enclosed by a woven-wire fence at least eight (8) feet high;

(c) No vehicles or equipment are stored on the premises; and

(d) The lot is suitably landscaped, including a planted buffer strip at least ten (10) feet wide along the side and rear property lines. (Ord. #125, Dec. 1988)

14-306. R-3A high density residential district. This section is to provide for residences at high densities, including multi-family dwelling and other general types of residential development but excluding single-wide mobile homes and mobile home parks. It is the intent of this section that the R-3A district contain sound development that provides a desirable place in which to live.

Within the R-3A residential district of Decherd, Tennessee, the following uses shall be permitted:

(1) Any use permitted in the R-3 residential district.

(2) Multi-family dwellings.

(3) Boarding and rooming houses. (Ord. #159, July 1991)

 

14-14

 Change 3, June 28, 1999

 

CHAPTER 4

BUSINESS DISTRICTS

 

SECTION

14-401. General.

14-402. C-1 Central business district.

14-403. C-2 Highway service business district.

14-404. C-3 Restrictive business/highway service district

 

14-401. General. Business districts are established to provide locations for convenient exchange of goods and services in a reasonable and orderly manner; to protect the character and established pattern of desirable commercial development; to conserve the value of property; and to exclude those uses that are incompatible with designated uses for the districts. (1972 Code, § 11-401)

14-402. C-1 Central business district. The C-1 zone is established to protect present business and commercial uses; encourage the eventual elimination of uses inappropriate to the function of the central business area; and encourage intensive development of this zone as the shopping and business center of the City of Decherd and its surrounding trade area.

The following uses are permitted in the C-1 central business district of Decherd, Tennessee:

(1) Any retail business or service including those making products sold at retail on the premises, providing such manufacturing is incidental to the retail business or service and occupies less than forty (40) per cent of the floor area and employs not more than five (5) operators.

(2) Banks and offices.

(3) Clubs and lodges.

(4) Insurance agencies.

(5) Light industries.

(6) Motels.

(7) Newspaper and printing plants.

(8) Professional offices for doctors, lawyers, dentists, architects, artists, engineers, and the like.

(9) Public uses and structures.

(10) Public utility structures.

(11) Radio and television stations.

(12) Restaurants, bars, grills and similar eating and/or drinking establishments, excluding drive-ins.

(13) Signs:

(a) Outdoor advertising not including billboards; and

(b) Professional or announcement.

 

14-15 

Change 3, June 28, 1999

 

(14) Theaters, indoor.

(15) Service stations and repair garages (may be licensed separately).

(16) Drug stores. (1972 Code, § 11-402, as amended by Ord. #252, Oct. 1997) 

14-403. C-2 Highway service business district. The C-2 zone is established to provide an area for uses that are primarily oriented toward conveniently serving the needs of highway traffic. 

The following uses are permitted in the C-2 Highway service business district.

(1) Any retail business or service directly related to serving the needs of highway traffic.

(2) Automobile parts stores.

(3) Bowling alleys.

(4) Bus terminals.

(5) Drug stores.

(6) Gasoline service stations.

(7) Hobby, antique, and souvenir shops.

(8) Nursery schools, day care centers or kindergartens.

(9) (Deleted)

(10) Motels.

(11) Public uses and structures.

(12) Repair garages and automobile sales rooms.

(13) Signs:

(a) Business; and

(b) Outdoor advertising including billboards.

(14) Theaters.

(15) Trailer sales.

(16) Used car lots.

(17) Any use permitted in the C-1 business district. (1972 Code, § 11-403, as amended by Ord. #252, Oct. 1997)

14-404. C-3 Restrictive business/highway service district. The C-3 zone is established to provide an area for uses that are restrictive in that the business is not a heavily congested type of business.

The following uses are permitted in the C-3 zone -- no other uses will be permitted.

(1) Wood working shops (i.e. cabinet shops).

(2) Automobile body shops (provided no wrecked cars are left outside of the building).

(3) Glass and mirror shop. (1972 Code, § 11-404, as amended by Ord. #130, June 1989)

 

14-16

 Change 3, June 28, 1999

 

CHAPTER 5

INDUSTRIAL DISTRICTS

 

SECTION

14-501. General.

14-502. I-1 Light industrial district.

14-503. I-2 Heavy industrial district.

 

14-501. General. Industrial districts are established to provide areas to meet the needs of the city's present and future manufacturing uses with due allowance for the need for a choice of sites including transportation systems, and to protect adjacent residential and commercial uses and also the industries within the districts. (1972 Code, § 11-501)

14-502. I-1 Light industrial district. The I-1 zone is established to provide an area for firms engaged in light manufacturing and distribution of goods; to discourage uses incompatible to light manufacturing; and to protect the surrounding higher land uses and also to protect the industries in the district.

The following uses are permitted in the I-1 Light industrial district of Decherd, Tennessee:

(1) Light industries, provided that any industry 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 present or prospective industrial development in the district.

(2) Agricultural equipment sales and repair.

(3) Baking establishments.

(4) Bottling and distribution plants.

(5) Signs:

(a) Business; and

(b) Outdoor advertising including billboards.

(6) Public utility structures.

(7) Truck terminals.

(8) Wholesale and storage business including building material yards.

(1972 Code, § 11-502, as amended by Ord. #252, Oct. 1997)

14-503. 1-2 Heavy industrial district. The I-2 zone is established to provide a suitable centralized area for heavy manufacturing plants with due consideration for choice of sites including transportation systems, to protect the surrounding higher land uses, to protect the industries located in the district, and to discourage uses incompatible with those uses designated for this district. 

The following uses are permitted in the 1-2 Heavy industrial district of Decherd, Tennessee:

 

14-17 

Change 3, June 28, 1999

 

(1) Industries, provided that any industry that may cause injurious or obnoxious noise, vibration, smoke, gas fumes, odor, dust, fire hazard, or other objectionable conditions, shall be required to show that such noise will not adversely affect the surrounding districts.

(2) Signs:

(a) Business; and

(b) Outdoor advertising including billboards. (1972 Code, §11-503, as amended by Ord. #252, Oct. 1997)

 

Decherd, Tennessee

MUNICIPAL PLANNING COMMISSION

 

SECTION

14-101. Creation.

14-102. Membership.

14-103. Organization, rules, staff, and finances.

14-104. Powers and duties.

 

14-101. Creation. In order to guide and accomplish a coordinated and harmonious development of the municipality which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, the Decherd Municipal Planning Commission, hereinafter referred to as the planning commission, is hereby created and established as authorized by Tennessee Code Annotated, title 13, and said planning commission shall be organized and empowered as provided in this chapter. (1972 Code, § 11-101)

14-102. Membership. The planning commission shall consist of seven (7) members who shall be residents of Franklin County, Tennessee. One (1) of the members shall be the mayor of the City of Decherd, and one (1) of the members shall be an alderman of the City of Decherd selected by the city council. The remaining five (5) members shall be appointed by the mayor of the City of Decherd. The terms of the members shall be for four (4) years, except that in the appointment of the first planning commission under the terms of this chapter, the first member shall be appointed for a term of one (1) year, the

 

14-2

second member shall be appointed for a term of two (2) years the third member shall be appointed for a term of three (3) years, and the remaining two (2) appointed members shall be appointed for terms of four (4) years each. The membership of the mayor and alderman shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor who shall also have the authority to remove any appointive member at his pleasure. All members shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their official duties. (1972 Code, § 11-102)

14-103. Organization, rules, staff, and finances. The planning commission shall elect its chairman and vice-chairman from among its members. The terms of the chairman and vice-chairman shall be for one (1) year with eligibility for reelection. The planning commission shall appoint a secretary who may be an officer or employee of the municipality. The planning commission shall make its own rules of procedure and determine its time of meeting. All meetings of the planning commission at which official action is taken shall be open to the public and all records of the planning commission shall be public records.

The planning commission shall meet at 6:00 P.M. on the second Monday of each month.

The planning commission may appoint such employees and staff as it my deem necessary for its work and may contract with the state planning agency and city planners and other consultants for such services as it may require. The expenditures of the planning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the city council. (1972 Code, § 11-103)

14-104. Powers and duties. From and after the time when the planning commission shall have organized selected its officers and shall have adopted its rules of procedure, then said planning commission shall have all the powers, duties and responsibilities set forth in Tennessee Code Annotated, title 13. (1972 Code, § 11-104)

 

GENERAL PROVISIONS RELATING TO ZONING

 

SECTION

14-201. Authority and purpose.

14-202. Short title.

14-203. Definitions.

14-204. Establishment of districts.

14-205. Application of regulations.

14-206. Continuance and discontinuance of nonconforming uses.

14-207. Off-street automobile parking.

14-208. Off-street loading and unloading space.

14-209. Area, yard, and height requirements.

14-210. Standards for billboards and other advertising structures.

 

14-201. Authority and purpose. In pursuance of authority conferred by the Tennessee Code Annotated, title 13, chapter 7, and for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare; to lessen congestion in the streets; to secure safety from fire, flood, 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; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; to conserve the value of buildings; and to encourage the most appropriate use of land and buildings and other structures throughout the municipality, all in accordance with the comprehensive plan, the city council does ordain and enact into law the following provisions in this title. (1972 Code, § 11-201)

14-202. Short title. Chapters 2 through 7 in this title shall be known and may be cited as "The Zoning Ordinance of the City of Decherd, Tennessee." (1972 Code, § 11-202)

14-203. Definitions. The purpose of this section is to clarify the meaning of certain words as they are used in this title. Except as specifically defined herein, all words used in this title have their customary dictionary definitions. For the purposes of this title, certain words or terms are to be interpreted or defined as follows:

(1) Words used in the present tense include the future tense.

(2) Words used in the singular include the plural, and words used in the plural include the singular.

(3) The word "shall" is always mandatory.

 

14-4

 Change 3, June 28, 1999

 

(4) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(5) The word "lot" includes the words "plot" or "parcel."

(6) The word "building" includes the word "structure."

(7) The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."

(8) The word "map" or "zoning map" means the "Zoning Map of Decherd, Tennessee."

(9) "Accessory use or building." A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

(10) "Advertising sign." A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidental only incidentally on the premises if at all.

(11) "Billboard." A type of advertising sign having more than one hundred (100) square feet of display surface and not exceeding fifty (50) feet in length which is either erected on the ground or attached to or supported by a building or structure.

(12) "Boarding or rooming house." Any dwelling in which three (3) or more persons, either individually or as families, are housed for hire with or without meals.

(13) "Buffer strip, planted." A strip of land along a property line reserved for screening purposes from adjoining properties or public rights-of-way and planted with trees and/or shrubs in such a manner as to provide such screening.

(14) "Building." Any structure attached to the ground and intended for shelter, housing, or enclosure of persons, animals, or chattels.

(15) "Business sign." An attached or free-standing structure on which is announced the business use of the premises and/or the name of the operator of the business.

(16) "Dwelling." A building designed or used for permanent living quarters for one or more families.

(17) "Dwelling unit." A dwelling or portion thereof providing permanent living quarters for one (1) family.

(18) "Family." One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.

(19) "Front yard." An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.

(20) "Lot." A parcel of land occupied or capable of being occupied by one (1) or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required in this title.

(21) "Lot width." The distance between the side boundaries of the lot measured at the front building line.

(22) "Masonry." A form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar building units or materials or a combination of these materials laid up unit by unit and set in mortar.

 

14-5

 Change 3, June 28, 1999

 

(23) "Mobile home (trailer)." A structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, and electrical systems contained therein. Recreational vehicles and travel trailers are not included in this definition of mobile home.

(24) "Nonconforming use." A building, structure, or use of land existing at the time of enactment of the provisions in this chapter, and which does not conform to the regulations of the district in which it is located.

(25) "Nursing home." Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.

(26) "Outdoor advertising sign." An attached or free-standing structure conveying some information, knowledge, or idea to the public.

(27) "Side yard." An open, unoccupied space on the same lot with a principal building located between the side of the buildings and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

(28) "Structure." Anything constructed or erected on the ground or attached to something located on the ground.

(29) "Trailer park." A lot, portion, or parcel of land designed for, or which is intended to be used for, the accommodation of two (2) or more residential mobile homes or trailers.

(30) "Travel trailer." A vehicular, portable structure built on a chassis, or a pick-up camper, or a tent-trailer, or a similar device designed to be used as a temporary dwelling for travel and recreational purposes.

(31) "Travel trailer park." Any plot of ground upon which two (2) or more travel trailers, occupied for camping or periods of short stay, are located. (1972 Code, § 11-203, as amended by Ord. #187, Nov. 1993, as amended by Ord. #252, Oct. 1997, and amended by Ord. #270, June 1999)

14-204. Establishment of districts. (1) This section is established to provide districts for the various uses of land within the city and to provide boundaries for the designated districts.

For the purposes of this title, the City of Decherd, Tennessee, is hereby divided into eleven (11) districts, designated as follows:

R-1 Low density residential district

R-2 Medium density residential district

R-3 High density residential district

R-1A Low density residential district

R-3A High density residential district

C-1 Central business district

C-2 Highway service business district

C-3 Restrictive business/highway service district

I-1 Light industrial district

I-2 Heavy industrial district

(2) The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the City of Decherd, Tennessee," dated June,

 

14-6

 Change 3, June 28, 1999

 

1967, and certified by the city recorder.1 Said map is hereby made a part of this title and shall be on file in the office of the city recorder.

(3) Unless otherwise indicated, the district boundary lines are center lines of streets or blocks or such lines extended, lot lines, corporate limit lines, or the center line of the main tracks of a railroad. Such lines drawn as to appear on these lines are hereby located on these lines. Where district boundary lines approximately parallel street or other rights-of-way such district boundaries

___________________________________

Small Town

                      Big City