CHAPTER TWO OF TITLE ELEVEN OF THE
SPRING HILL MUNICIPAL CODE
THE ZONING ORDINANCE OF THE
CITY OF SPRING HILL, TENNESSEE
PREPARED BY THE
SPRING HILL MUNICIPAL
PLANNING COMMISSION
THIS DOCUMENT ADOPTED MAY 20, 2013
Updated April 2016
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
Amendments
Affecting
ARTICLE I - TITLE
I-1
ARTICLE II - PURPOSE
ARTICLE III – DEFINITIONS
Page
II-1
87-05; 97-17
97-18; 07-30
13-11; 15-08
III-1
ARTICLE IV - GENERAL PROVISIONS
IV-1
1
Zoning Affects Every Building and Use
IV-1
2
Continuance of Nonconforming Uses
IV-1
3
Number of Structures and Uses
Associated With a Lot
85-17
IV-1
4
Reduction in Lot Area Prohibited
IV-2
5
Automobile Storage
6
Obstruction to Vision
at Street Intersection Prohibited
IV-4
7
Rear Yard Abutting a Public Street
IV-4
8
Development Review Process
9
Fire Codes
IV-15
10
Provisions for Condominiums
IV-15
11
Development Review Fees
12
Sanitary Sewers Required for Subdivisions
13
Corner Lots
95-24; 97-18
IV-17
14
Lot Must Abut A Dedicated Or Public Street
96-35
IV-17
15
Fences, Walls, and Hedges
97-18
IV-18
16
Lot Drainage
97-23
IV-18
17
Buffer Yards
07-30
IV-18
18
Landscaping Requirements
07-30
IV-21
85-17
85-17; 07-30
13-11; 15-08
86-40; 97-14
15-08
IV-2
IV-4
IV-15
IV-17
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
19
Design Standards
IV-22
20
Automatic Fire Sprinkler System
IV-25
1
Amendments
Affecting
Page
ARTICLE V - ESTABLISHMENT OF
DISTRICTS
89-18; 96-33
V-1
Classification of Districts
85-17
V-1
ARTICLE VI - PROVISIONS
GOVERNING RESIDENTIAL
DISTRICTS
93-20
VI-1
1
(AG) Agricultural District
95-19; 96-33; 97-14;
09-35
VI-1
2
(R-1) Residential District (Low Density)
96-33; 97-6; 97-14;
09-35
VI-3
3
(R-2) Residential District (Medium Density)
86-50; 95-23; 96-33;
97-6 ; 97-19 ; 09-35
VI-5
4
(R-3) Mobile Home Park Zone
07-30
VI-6
5.
(R-4) Residential District (High Density)
6.
(R-5) Residential District (Apartments)
96-33; 97-19; 07-30; VI-10
09-30; 09-35; 13-11
15-08
07-30; 09-35
VI-16
7.
(R-6) Traditional Neighborhood Development (TND)
VI-18
ARTICLE VII - PROVISIONS GOVERNING
BUSINESS DISTRICTS
13-11
VII-1
1
(B-1) Office and Limited Retail
Commercial Zone Districts
07-30; 09-35
VII-1
2
(B-2) Neighborhood Shopping District
97-14; 07-30; 05-35; VII-4
09-35; 12-14
3
(B-3) Intermediate Business District
95-25; 96-35; 97-14; VII-5
07-30; 09-35
4
(B-4) Central Business District
95-21; 95-25; 97-14; VII-7
07-30; 08-02; 09-35
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
Amendments
Affecting
Page
ARTICLE VIII - PROVISIONS
GOVERNING INDUSTRIAL DISTRICTS
85-17; 13-11
1
M-1 Industrial District (Light)
2
M-2 Industrial District (Heavy)
85-17; 97-14; 07-30; VIII-1
09-35
85-17; 07-30; 09-35 VIII-3
3
M-3 Industrial District (Special)
85-17; 07-30; 09-35 VIII-5
VIII-1
ARTICLE IX - PROVISIONS GOVERNING
XX-06
FLOODPLAINS, INCLUDING FLOODWAYS
AND FLOODWAY FRINGE DISTRICTS
IX-1
1
Statutory Authorization, Findings of Facts, Purpose and Objectives
IX-1
2
Definitions
IX-2
3
General Provisions
4
Administration
IX-10
5
Provisions For Flood Hazard Reduction
IX-13
6
Variance Procedures
IX-19
7
Legal Status Provisions
IX-21
XX-07
IX-9
ARTICLE X - PROVISIONS GOVERNING
PLANNED DEVELOPMENT DISTRICTS
X-1
1
General Provisions
X-1
2
Administrative Procedure
Governing Planned Unit Developments
86-36; 07-30
15-08
3
Residential Planned Unit Development
09-31
X-19
4
Commercial Planned Unit Development
07-30; 08-02; 09-35
X-23
5
Industrial Planned Unit Development
85-17; 09-35
X-30
X-6
ARTICLE XI - EXCEPTIONS AND MODIFICATIONS
XI-1
1
Lot of Record
XI-1
2
Front Yards
XI-1
3
Temporary Uses
XI-1
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
4
Exception of Height Limits
5
Provisions for Temporary Use
of a Mobile Home as a Dwelling
Amendments
Affecting
Page
XI-1
97-15
ARTICLE XII - ENFORCEMENT
XI-1
XII-1
1
Enforcing Officer
15-08
XII-1
2
Building Permits and Certificates of Occupancy
XII-1
3
Penalties
XII-2
4
Remedies
XII-2
ARTICLE XIII - BOARD OF ZONING APPEALS
XIII-1
1
Creation and Appointment
XIII-1
2
Procedure
XIII-1
3
Appeals, How Taken
XIII-1
4
Powers
XIII-1
ARTICLE XIV - AMENDMENT
08-34
XIV-1
1
Application Procedure
08-48; 09-05
XIV-1
2
Application Submisstion
08-48
XIV-4
3
Effective Date
XIV-5
Appendix
XIV-A
Sample Letter
XIV-6
Appendix
XIV-B
Legal Ad
XIV-7
ARTICLE XV - LEGAL STATUS PROVISIONS
XV-1
1
Conflict With Other Ordinances
XV-1
2
Validity
XV-1
3
Effective Date
XV-1
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
Amendments
Affecting
Page
Passed and Adopted
XV-2
Procedure of Passage
XV-3
ARTICLE XVI – SIGNS
09-35
XVI-1
1.1
Purpose and Intent
XVI-1
1.2
Definitions
13-03
XVI-1
1.3
Permitted Signs
12-11; 12-18
13-03
XVI-4
1.4
Signs Excluded From Regulation
13-03
XVI-12
1.5
Signs Prohibited in All Districts
12-07
XVI-14
1.6
Sign Computation
XVI-16
1.7
Clearance From Electrical Lines
XVI-17
1.8
Sign Illumination
1.9
Sign Building Materials
XVI-18
1.10
Visibility
XVI-19
1.11
Premises and Sign Maintenance
XVI-19
1.12
Enforcement/Administration
XVI-20
1.13
Permit Fees
XVI-21
1.14
Appeals
XVI-22
1.15
Penalties
XVI-22
1.16
Non-conforming Signs
XVI-23
12-07
XVI-17
ARTICLE XVII APPEALS
1
Appeals
15-08
XVII-1
2
Submittal Requirements
15-08
XVII-1
3
Appeals from Planning Commission Decisions
15-08
XVII-1
4
Appeals from Zoning Interpretations and Actions
15-08
XVII-1
TABLE OF CONTENTS - MUNICIPAL ZONING ORDINANCE
Spring Hill, Tennessee
Section
Section Title
Amendments
Affecting
Page
ARTICLE XVIII PLANNED ZONING DISTRICT
1
Applicability
XVIII-1
2
Purpose
XVIII-1
3
Rezoning
XVIII-3
4
Submittal Requirements
XVIII-4
5
Phasing
XVIII-5
6
Enforcement
XVIII-5
ARTICLE I
TITLE
This ordinance shall be known as the "Municipal Zoning Ordinance of Spring Hill, Tennessee."
The map herein referred to, which is identified by the title, "The Municipal Zoning Map of Spring
Hill, Tennessee, dated September 24 and 25, 1985," and as revised thereafter, and all explanatory
matter thereon are hereby adopted and made a part of this ordinance.
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Article I - Title
ARTICLE II
PURPOSE
The zoning ordinance 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,
convenience, order, prosperity, and general welfare of the community. They have been designed
to lessen congestion in the streets, to secure safety from fire, floods, 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 particular suitability for particular uses, and with
a view of conserving the value of buildings and encouraging the most appropriate use.
Page | 1
Article II - Purpose
ARTICLE III
DEFINITIONS (Chg by Ord 15-09)
Except where definitions are specifically included in various articles and sections, words in the
text or tables of this ordinance shall be interpreted in accordance with the provisions set forth in
this section. Where words have not been defined, the standard dictionary definition shall prevail.
In any case, the Building Official and the Board of Zoning Appeals shall have the right to interpret
the definition of any word.
Accessory - An activity or structure that is customarily associated with and is appropriately
incidental and subordinate to the principal activity and/or structure and located on the same lot.
Addition (to an existing building): - Any walled and roofed expansion to the perimeter of a building
in which the addition is connected by a common load-bearing wall other than a firewall. Any
walled and roofed addition which is connected by a firewall or is separated by independent
perimeter load-bearing walls is new construction. The placement of a single-wide, double-wide,
or triple-wide mobile home adjacent to an existing building with a connecting roof or other
covering between the existing building and the single-wide, double-wide, or triple-wide mobile
home is not an addition and shall be prohibited. Seventy-five (75) percent of the addition must be
constructed on-site.
Alley - A public way intended to provide only secondary vehicular access to abutting properties.
Automobile sales and service - the principal activity of sales, general maintenance and/or services
of vehicles such as sales with or without incidental vehicle restoration services, rental or leasing
facilities, also lubrication, tires sales and mounting, interior reupholstering, and alignment.
Automobile restoration - the principal activity of returning motor vehicles to a former condition
and/or removing, installing, or painting a vehicle structure. The activity includes such uses as
vehicle painting facilities and vehicle body shops, but it does not include interior reupholstering
of a motor vehicle.
Brewery – An establishment where malt liquors or fermented malt beverages exceeding 15,000
barrels (1 barrel containing 31 gallons) a year.
Buffer Yard – a unit of open space improved with screening and/or landscaping materials used to
increase compatibility between commercial or industrial districts adjacent to any residential
district, or residential developments of differing densities and/or intensities which may or may not
be greater than the required yard areas for the zoning district. (Changed by Ord. 07-30.)
Building - Any structure constructed or used for residence, business, industry or other public and
private purposes, or accessory thereto, and including signs, tents, mobile homes and similar
structures whether stationary or movable.
Building Setback Line - A line delineating the minimum allowable distance between the property
line and a building on a lot, within which no building or other structure shall be placed except as
otherwise noted.
Building Setback Line (Front) - A line delineating the minimum allowable distance between the
street right-of-way, or if an official future street right-of-way has been established, from the future
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Article III - Definitions
street right-of-way line, and the future building on a lot. The front setback line extends the full
width of the lot and is parallel to or concentric with the street right-of-way.
Building Setback Line (Rear) - A line delineating the minimum allowable distance between the
rear property line and a building on a lot (other than for permitted accessory structures). The rear
setback line extends the full width of the lot.
Building Setback Line (Side) - A line delineating the minimum allowable distance between the
side property line and a building on a lot. The side setback line extends from the front building
setback line to the rear setback line.
Building Area - That portion of a zone lot which, when viewed directly from above, could be
covered by a building or any part of a building.
Commercial Use - Any retail or wholesale trade activity including services.
Common Open Space - A parcel or parcels of land and/or an area of water within the site
designated, designed and intended for use or enjoyment of the occupants of said development.
"Common Open Space" may contain such complementary structures and improvements as
necessary and appropriate for the benefit and enjoyment of the occupants of such development.
Convenience Commercial - The retail sale of small convenience food products, drugs and other
frequently needed small personal convenience items such as toiletries, tobacco, and magazines, as
well as the provision of personal convenience services which are typically needed frequently or
recurrently, such as barber and beauty care and self-service laundromats. The dispensing of
petroleum products may be included as accessory to convenience food products retailing.
Distillery – An establishment where spirituous liquors are manufactured and exceed 10,000 barrels
that have a manufacture’s or wholesaler’s license under the Tennessee Code Annotated.
Dwelling - A building or part thereof used as a habitation under one of the following categories:
1.
Single-detached dwelling means a building and accessories thereto principally used,
designed or adapted for use by a single family.
2.
Duplex dwelling means a building and accessories thereto principally used, designed or
adapted for use by two (2) families, the living quarters of each of which are completely
separate.
3.
Apartment dwellings mean a building and accessories thereto principally used, designed or
adapted for use by three (3) or more families, each of which has separate living quarters
intended solely as rented or leased living quarters.
4.
Rooming house means a building and accessories thereto principally used, designed or
adapted to provide living accommodations for not more than six (6) occupants and without
owner-provided cooking and dining facilities.
5.
Boarding house means a building and accessories thereto principally used, designed or
adapted to provide living accommodations for not more than six (6) occupants and having
common cooking and dining facilities.
6.
Townhouse means a two-story residential structure containing three (3) or more single nondetached dwelling units separated by a common vertical wall.
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Article III - Definitions
7.
Condominium means an apartment-type building or townhouse containing three (3) or
more dwelling units being under or intended for separate ownership for each family living
accommodation.
8.
Group housing means a condominium or apartment dwelling.
9.
Triplex dwelling means three (3) units designed for use by three (3) families located on the
same tract (zoned lot).
10.
Quadruplex dwelling means four (4) units designed for use by four (4) families located on
the same tract (zoned lot).
11.
Manufactured dwelling means a structure, transportable in one (1) or more sections Which,
in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or
more in length, or, when erected on site, is three hundred, twenty (320) or more square feet,
and which is built on a permanent chassis and designed to be used as a dwelling unit with
or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained, therein.
Manufactured residential dwellings shall have the same general appearance as
required for a site built home. (Tennessee Code, Section 13-24-202)
Moreover, such single-detached dwellings must be tagged by the Tennessee
Department of Commerce and Insurance as a modular home (such dwelling having
a green tag attached thereto). Any single-detached dwelling being tagged by the
Tennessee Department of Commerce and Insurance as a mobile home (such
dwelling having a red tag attached thereto) shall be regulated by this ordinance as
a mobile home, and not as a manufactured dwelling.
12.
Mobile home means a vehicular portable structure built on a chassis, designed for yearround occupancy and designed to have no foundation other than wheels, jacks or skirting,
and which is capable of being moved, towed or transported by another vehicle.
13.
Zero-lot line dwelling means a building or structure containing two (2) units (duplex), each
unit being located on it’s own zoned lot in separate ownership.
Dwelling Unit - A room or rooms connected together, constituting a separate independent
housekeeping establishment for one family only, for owner occupancy or for rental, lease, or other
occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling
units, and containing independent cooking and sleeping facilities.
Family - One or more persons occupying premises and living as a single, non-profit housekeeping
unit.
Farm - A parcel of land containing five (5) or more contiguous acres devoted to agricultural use.
Fence - Any artificially constructed barrier of any material or combination of materials erected to
enclose or screen areas of land.
Floor Area - The area of all floors of a building including finished attic, finished basement and
covered porches.
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Article III - Definitions
Floor Area Ratio - The ratio of the floor area to the area of the lot upon which the building is
situated. (For example, a building containing 5,000 square feet of floor area which is located on a
lot of 10,000 square feet has a floor area ratio (FAR) of .5).
Home Occupation - An occupation conducted in a dwelling unit, provided that:
1.
Only one person other than members of the family residing on the premises shall be
engaged in such occupation;
2.
The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and not more than twentyfive (25) percent of the floor area of the dwelling unit shall be used in the conduct of the
home occupation;
3.
There shall be no change in the outside appearance of the building or premises, or other
visible evidence of the conduct of such home occupation other than one sign, not exceeding
two square feet in area, non-illuminated, and mounted flat against the wall of the principal
building;
4.
No home occupation shall be conducted in any accessory building;
5.
No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street and other than in a required
front yard;
6.
No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off
the lot, if the occupation is conducted in a one-family dwelling, or outside by the dwelling
unit if conducted in other than a one-family dwelling.
Landholder - The persons having legal ownership or beneficial control of the land proposed to be
included in a planned unit development. The holder of an option or contract to purchase, a lessee
having a remaining term of not less than fifty (50) years in duration, or other person having an
enforceable proprietary interest may be considered a "landholder" for purposes of this ordinance.
Loading Space - A space within the main building or on the same lot therewith, providing for the
standing, loading, or unloading of a truck.
Lot Area Per Dwelling Unit - That portion of the lot area required for each dwelling unit located
on a lot. This may also be known as the development area per dwelling unit.
Lot Coverage - See "Building Area."
Lot Line - A boundary of a lot.
Lot Line (Front) - Any lot line designated as the front lot line at the time of application for a
building permit as the front boundary of the front yard and approved by the City as such, is
hereinafter
defined. The front lot line shall be measured from the right and left
front corners of the structure and continuing to the nearest lot line.
Lot Line (Rear) - Any lot line designated as the rear lot line at the time of application for a building
permit as the rear boundary of the Rear Yard and approved by the City as such is hereinafter
defined. The Rear Lot Line shall be measured from the right and left rear corners of any structure
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Article III - Definitions
measured in a straight line from the front and rear corners of the structure and continuing to the
nearest lot line.
Lot Line (Side) - Any boundary of a lot that is not a front or rear lot line. On a corner lot, a side
lot line may be a street lot line.
Lot of Record - A lot which is part of a subdivision recorded in the office of the County Register,
or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Microbrewery - A brewery that produces no more than 15,000 barrels (1 barrel is 31 gallons) of
beer in a year. Microbreweries may or may not include an on-site tasting room, and may or may
not operate in conjunction with a bar. If operated in conjunction with a restaurant, the operation
shall be considered a brewpub.
Microdistillery - Any place or premises wherein any wines or liquors are manufactured for sale,
not to exceed 10,000 barrels per year, generally referred to as a craft, boutique, or artisan distillery.
Microdistilleries may or may not include an on-site tasting room, and may or may not operate in
conjunction with an on-site restaurant or bar. If operated in conjunction with a restaurant, the
operation shall be considered a brewpub.
Mobile Home Park - A development which is designed and constructed to accommodate mobile
homes.
Neighborhood Concept Plan – A required submittal to the City consisting of a general concept of
a proposed subdivision of residential property.
Nonconforming Use - A lawful use of a building or other structure or of a tract of land which does
not conform to any one (1) or more of the applicable use regulations of the district in which it is
located, either on the effective date of this ordinance or as a result of any subsequent amendment.
Open Space - A parcel or parcels of land and/or an area of water within the site designated as a
cluster housing development or other such concept and designated and intended for use or
enjoyment of the occupants of said development. "Open Space" may contain such complimentary
structures and improvements as necessary and appropriate for the benefit and enjoyment of the
occupants of such development. A parking lot shall not be considered as "open space."
Parking Lot - A vehicular storage area.
Parking Space - An off-street space available for the parking of one (1) motor vehicle and having
dimensions of nine (9) feet wide by eighteen (18) feet long excusive of passage-ways and
driveways appurtenant thereto and having direct access to a street or alley. The Planning
Commission shall have the authority to approve modifications of this standard in accordance with
commonly accepted industry standards.
Planned Unit Development - As used herein, planned unit development, "PUD," shall mean
interrelated development adhering to a master development plan and located on a contiguous tract
of land. Lands which are divided by streets, roads, ways, highways, transmission pipes, lines or
conduits, or rights-of-way (in fee or by easement) shall be deemed to be contiguous for purposes
of this ordinance.
Principal Structure - A building which contains the principal activity or use located on a lot on
which it is situated.
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Article III - Definitions
Office - The term, office, is intended to apply to physicians and surgeons, lawyers, members of
the clergy, architects and engineers. It shall also include insurance agents, insurance adjusters,
realtors and similar office users but not photo studios, beauty parlors, barber shops, dance schools,
business schools or other such uses. In permitting office as home occupations, and only as
accessory uses in certain districts, it is intended that such offices shall be subject to limitations
placed on home occupations generally, but only residences occupied by persons engaged in office
use, as herein defined, shall be permitted.
Required Yard - That portion of a zone lot that is required by the specific district regulations to be
open from the ground to the sky and may contain only explicitly listed obstructions.
Required Yard (Front) - The yard extending across the entire width of the lot between the nearest
point of the principal building, including porches, and the front lot line.
Required Yard (Rear) - The yard extending across the entire width of the lot between the nearest
point of the principal building, including attached carports and garages, and the rear lot line.
Required Yard (Side) - The yard space unoccupied except as herein provided, measured between
the side lot line and the nearest point of the principal building and between the front yard and the
rear yard.
Setback Line - A line running parallel to the street which establishes the minimum distance the
principal building must be set back from the street line.
Sexually Oriented Businesses: - Any adult bookstore, motion picture theater or commercial
establishment which, for a fee or incidental to another service, such as the serving of beer or other
alcoholic beverages, sells or presents material or exhibition distinguished or characterized by a
predominant emphasis on matter depicting explicit sexual activities or partially or completely
uncovered human genitals or mammary glands.
Sign - Any writing (including letter, work, or numeral); pictorial presentation (including
illustration or decoration); emblem (including device, symbol, or trademark); flag (including
banner or pennant); or any other figure or similar character, which:
1.
Is a structure or any part thereof, or is attached to, painted on, or in any other manner
represented on a building or other structure, and
2.
Is used to announce, direct attention, or advertise, and
3.
Is visible from outside a building.
Site Plan- A final development plan offering information in regard to proposed improvements and
natural features of the property. The site plan shall include information such as, but not limited to,
roadways, utilities, landscaping, building information, including exterior materials of the proposed
building, parking, lighting, signage, pedestrian access, and storm water drainage.
Sketch Plan- A voluntary submittal to the City consisting of a general concept of a proposed
development or subdivision of a nonresidential property.
Story - That portion of a building including 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.
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Article III - Definitions
Street - A publicly maintained right-of-way, other than an alley, which affords a primary means of
access to abutting property.
Street Line - A lot line dividing a lot from an abutting street.
Structure - Anything constructed, assembled, or erected, the use of which require permanent or
semi-permanent location on the ground, or attached to something having a permanent or semipermanent location on the ground including, but not limited to, buildings, stadiums, radio or other
transmission towers, sheds, storage dens, fallout shelters, swimming pools, mobile and
manufactured homes, and signs. The term shall not include fences, landscaping, pavement, or
other surface treatments.
Use - The performance of a function or operation which constitutes the use of land.
Winery – An establishment where vinous liquors are manufactured that has a manufacture’s or
wholesaler’s license under the Tenneessee Code Annotated.
Work/live – The term work/live means that the needs of the work component take precedence
over the quiet enjoyment expectations of residents in that there may be noise, odors or other
impacts, as well as employees walk-in trade or sales. The predominant use of a work/live unit is
commercial or industrial work activity, and residence is a secondary use.
Yard - An open space on the same lot with a principal building, open, unoccupied and unobstructed
by buildings from the ground to the sky except as otherwise provided in this ordinance. At the
time of application for a building permit, the Front, Rear and Side Yards shall be designated.
1.
Front Yard - The yard extending across the entire width of the lot between the front lot line
and the nearest part of the principal building, including covered porches.
2.
Rear Yard - The yard extending across the entire width of the lot between the real lot line
and the nearest part of the principal building, including covered porches.
3.
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.
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Article III - Definitions
ARTICLE IV
GENERAL PROVISIONS
Section 1. Zoning Affects Every Building and Use.
1.1
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 by and in conformity with the regulation herein
specified for the district in which it is located, except as hereinafter provided.
1.2
Minimum Lot Area for Buildings Constructed in Any District Not Connected to the Sewer
System. No building with human waste water facilities shall hereafter be constructed on
any lot or other site not served by the Spring Hill sanitary sewer system unless such lot or
property consists of a minimum of 1 1/2 acres of land approved by the appropriate agency
for septic tanks.
Section 2. Continuance of Nonconforming Uses.
Any structure or use existing at the time of enactment of this ordinance and subsequent
amendments of this ordinance not in conformity with these provisions may be continued with the
following provisions:
2.1
No nonconforming use shall be allowed to change to another use which is not in conformity
with the district regulations in which the use is located.
2.2
No nonconforming use shall be re-established after discontinuance for one (1) year.
2.3
No nonconforming use shall be allowed to expand unless there is a reasonable amount of
space for such expansion on the property owned by the nonconforming use at the time of
the adoption of this ordinance.
2.4
A nonconforming use shall not be structurally altered. This provision shall not be
construed to prevent normal maintenance required for structural safety. (As changed by
Original Adoption Ordinance, dated 9/4/85.)
2.5
No nonconforming use shall be permitted to expand through the acquisition of additional
land purchased after the effective date of this ordinance.
Section 3. Number of Structures and Uses Associated With a Lot.
3.1
Except within industrial districts, only one principal structure and its customary accessory
structures shall hereafter be erected on any lot or tract of land, except as provided below,
or group housing developments and mobile home parks. (As amended by Ord. 85-17.)
3.2
Exceptions.
The Board of Zoning Appeals shall have the authority to grant exceptions to the number of
structures on a lot subject to the following minimum criteria.
3.2(1)
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Ten (10) copies of the site plan indicating building locations, distances
between buildings and lot lines and other pertinent data shall be submitted
at least ten (10) days prior to the scheduled meeting.
Article IV – General Provisions
3.2(2)
3.2(3)
All buildings shall have easy access to a public right-of-way.
All provisions including yard requirements shall be observed unless it can
be shown that the proposal is not detrimental to the neighborhood.
3.2(4)
Any residential exception shall met the Group Housing or Mobile Home
Park Provisions as provided by this ordinance.
3.2(5)
In addition, the sketch shall indicate, at a scale no smaller than 1" = 200':
- boundaries and acreage of the site
- location of buildings on adjacent lots
- any other information deemed necessary by the Board of Zoning Appeals.
Section 4. Reduction in Lot Area Prohibited.
No existing yard or lot shall be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the
minimum requirements established by this ordinance. This section shall not apply when a portion
of a lot is acquired for a public purpose or in projects approved under cluster residential
development provisions.
Section 5. Parking Requirements
An automobile storage area shall be provided on each lot in which any of the following uses are
hereafter established. On all properties developed for multi-family or nonresidential uses, all offstreet parking for any vehicle shall be paved with asphalt or concrete or upon which a four (4) inch
base of gravel exists. Such parking area shall meet the minimum requirements set forth below.
5.1
Amusement Places (Auditoriums, Stadiums, Theaters, or Similar Uses). One (1) parking
space for the number of employees; plus the number of patron seats divided by four (4).
5.2
Boarding Houses and Rooming Houses. One (1) parking space for each two (2) rooms
occupied by boarders or roomers.
5.3
Churches. One (1) parking space for each four (4) seats in the church sanctuary.
5.4
Dining Places (Restaurants, Tea Rooms, Night Clubs, Coffee Shops or Similar Uses).
Three (3) square feet of automobile storage area for every square foot of customer service
area plus (1) parking space for every two (2) employees.
5.5
Dwellings. Two (2) parking spaces for every dwelling unit.
5.6
Funeral Homes or Mortuaries. One (1) parking space for every six (6) seats or, in the case
of no fixed seats, one (1) parking space for every one hundred (100) square feet of chapel
area, plus one (1) parking space for every funeral vehicle and one (1) for every resident
family.
5.7
Hospitals. One (1) parking space for every bed, plus one (1) parking space for every two
(2) doctors, plus one (1) parking space for every three (3) nurses and other employees.
5.8
Hotels. One (1) parking space for every guest room, plus one (1) parking space for every
three (3) employees.
Industrial or Manufacturing Establishments. One (1) parking space for every two (2)
employees per shift, plus one (1) parking space for every business vehicle; provided,
5.9
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Article IV – General Provisions
however, vehicles manufactured and held on the lot for distribution shall not be deemed
business vehicles. (Amended by Ord. 85-17.)
5.10
Motels or Cabins. One (1) parking space for every unit, plus one (1) parking space for
every three (3) employees.
5.11
Medical or Dental Clinics. Four (4) parking spaces for every doctor, plus one (1) parking
space for every employee.
5.12
Office, Professional or Public Buildings. A minimum of one (1) parking space for every
employee, plus one (1) parking space for every 300 square feet of interior space.
5.13
Passenger Terminals. Four (4) parking spaces for each 500 square feet of gross floor area,
plus one (1) parking space for every three (3) employees.
5.14
Recreational Areas (Bowling Alleys, Swimming Pools, Skating Rinks, or Similar Uses).
Eight (8) parking spaces for every one thousand (1,000) square feet of area devoted to
recreational use, plus one (1) parking space for each employee.
5.15
Retail Business or Personal Service Establishment. Five (5) parking spaces for every one
thousand (1,000) square feet of customer service area up to fifty (50) parking spaces, plus
one (1) parking space for every two (2) employees.
5.16
Roadside Service Facilities (Service Stations, Repair Shops, or Similar Uses). One (1)
parking space for every gasoline pump, plus one (1) parking space for every car, wash
room, grease rack, mechanic's stall, or similar area, plus one (1) parking space for every
two (2) employees.
5.17
Shopping Centers. Five and one-half (5.5) parking spaces for every one hundred (100)
square feet of gross leasable area, up to seventy-five (75) parking spaces.
5.18
Wholesale Businesses, Warehousing or Work Centers. One (1) parking space for every
employee, plus one (1) parking space for every business vehicle.
5.19
Other Structures or Uses Customarily Requiring Automobile Storage Areas. One (1)
parking space for every one hundred (100) square feet of floor area occupied.
5.20
Parking Angle. Where ninety (90) degree parking is planned or required, a width of sixtyfive (65) lineal feet shall be provided for two (2) tiers of automobiles separated by a twoway aisle.
5.21
Loading or Unloading Area. If loading or unloading is required by the nature of the use,
two (2) spaces shall be provided for each loading and unloading dock. Space shall be
provided for standing trucks, as well.
5.22
Other Automobile Storage Requirements. If a required storage area cannot be provided on
the same lot with a principal use, the Board of Zoning Appeals (Article XII) may permit
such space on other property not in a residential district to be used provided that it lies
within four hundred (400) feet of the main entrance to such principal use, except that onehalf (1/2) of the automobile storage area required for a church, theater or other place of
assembly, whose peak attendance is at another time, may be assigned to another use.
5.23
Exceptions. Minimum standards for parking can be reviewed by the Board of Zoning
Appeals and altered on an individual basis as authorized in Article XIII, Section 4.2. This
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Article IV – General Provisions
is a recognition that all categorized uses will not necessarily require similar parking
requirements.
5.24
Bicycle Parking. All new construction or expansion requiring five (5) or more off-street
automobile parking spaces shall provide bicycle parking as follows:
5.24.1 Number of Bicycle Racks Required. The minimum number of bicycle racks
required is determined by the number of parking spaces required for the type of
land use. The following standards shall determine the number of bicycle racks:
a. Non-residential Development. Non-residential development shall provide one
(1) bicycle parking rack per twenty (20) automobile parking spaces. At a
minimum, the development shall provide one (1) rack.
b. Multi-family Development. A multi-family development shall provide one (1)
bicycle parking rack per thirty (30) dwelling units. At a minimum, the
development shall provide one (1) rack.
5.24.2 Bicycle Rack Site Design. For optimal functionality, the following standards shall
apply in determining the layout and position of bicycle racks:
a. Spacing between Bicycle Racks. Each bicycle parking space shall have 36” of
clear space beside the rack allowing each rack to support two bicycles. The 36”
dimension may overlap another bicycle parking space such that racks
positioned in a parallel row may be 36” on center. The minimum length
dimension required is 8’ free and clear. See Figure 1.
b. Location of Bicycle Racks. The following standards shall apply when
determining the location of bicycle racks:
1. Bicycle racks shall be located within 50 feet of a public entrance. For
developments with multiple public entrances, such as shopping areas,
bicycle parking racks should be distributed near all major points of public
entry.
2. Bicycle racks shall be positioned so that pedestrian traffic is not impeded.
3. Bicycle racks shall have a minimum clearance of six (6) feet from the edge
of fire hydrants.
c. Bicycle Rack Specifications. The standard inverted u-shaped bicycle rack shall
be the standard. Applicants may request an alternative design with Planning
Commission approval. All racks shall be designed so that they support a bicycle
at two points on the bicycle frame and such that the bicycle may be securely
locked with a u-shaped bicycle lock.
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Article IV – General Provisions
1. Materials. Racks are to be constructed of 1.5
inch, Schedule 40 steel pipe.
2. Finishes. Unless the pipe material is stainless steel, the pipe shall have PVC
coating or powdercoat finish, unless an alternative finish is approved by the
Planning Commission.
d. Anchoring. Bicycle racks shall be anchored with one of the following methods:
1. Embedded in concrete. The rack legs shall extend a minimum of 9” into a
concrete footing with an anchoring crossbar mounted 3” above the based.
2. Surface flange mount. A pre-drilled, steel flange, minimum 8” square, shall
be welded to the bottom of each leg before the final finish is applied. The
flange shall have a minimum of three (3) bolt holes. Each bolt hole shall
accept a 0.5” diameter steel bolt.
3. Alternative anchoring methods. Alternative methods of anchoring racks
may be permitted with approval of the Planning Commission.
Section 6. Obstructions to Vision at Street Intersections Prohibited.
In all districts on a corner lot, within the area formed by the center lines of the intersecting streets
and a line joining points on such center lines at a distance of one hundred (100) feet from their
intersection, there shall be no obstruction to vision between a height of three and one-half (3 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 deemed to prohibit any necessary retaining wall.
Section 7. 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, center line of the street, or property line, as required for
adjacent properties which front on the street. In addition, any structure located within twenty-five
(25) feet of that setback line shall be no closer to any side property line than the distance required
for side yards on adjoining properties fronting on that street.
Section 8. Development Review Process. The applications listed in this section require Planning
Commission review unless otherwise noted. The Planning Commission may approve with or
without conditions, deny, table, or defer these applications.
8.1 Development Categories
A. Sketch Plan (SKP). When a property owner intends to subdivide or develop nonresidential
property, he/she may elect to submit a sketch plan application to obtain conceptual approval
from the Planning Commission prior to submitting a site plan application, lot split, concurrent
plat, or preliminary plat application for approval. In general, the sketch plan shall be sufficient
to indicate the expected use and development of the property. Prior to the issuance of building
permits, a property owner shall be required to submit a site plan, lot split, concurrent plat, or
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Article IV – General Provisions
preliminary plat application to obtain final development approval from the Planning
Commission.
B. Site Plan (STP). Prior to the issuance of building permits, a site plan application shall have
received the approval of the Planning Commission. In general, the site plan shall be sufficient
to indicate with reasonable certainty the use and development of the property.
1. Applicability. Site plan approval shall be required for the following:
a. Non-residential developments; or
b. Mixed-use developments; or
c. Multi-family developments containing more than 10 dwelling units; or
d. Any facility emitting odors or handling explosives.
2. Excluded developments.
a. An addition to an existing structure shall not be required to obtain site plan approval from
the Planning Commission if the addition will not:
i. Exceed 3,000 square feet; or
ii. Require more than 10 additional parking spaces; or
iii. Require a change in existing ingress or egress; or
iv. Municipal life safety uses and critical infrastructure.
b. Excluded developments shall be required to obtain administrative approval from the
Planning Department prior to the issuance of a building permit.
C. Subdivision of Land
1. Property Line Adjustment (PLA). A property line adjustment is a transfer or adjustment of a
property line or lines between adjoining property owners that does not create a separate, new
lot. A property line adjustment may be approved administratively by the Planning
Department.
2. Lot Split (LSP). When a property is to be subdivided into four (4) lots or less and
infrastructure is not required to be installed, the application may be processed as a lot split.
After the creation of more than four lots from an original lot of record, any subsequent
subdivision of the original lot of record or resulting tracts is required to be processed as a
preliminary/final plat or a concurrent plat. A lot split may dedicate new easements or rightof-way and may be approved administratively by the Planning Department.
3. Neighborhood Concept Plan (NCP). When a residential property, containing 20 lots or more,
is to be subdivided and requires Preliminary Plat approval, the application shall first be
processed as a Neighborhood Concept Plan, which shows generally the location of lot lines,
streets, and utility infrastructure.
4. Preliminary Plat (PPL). When a property is to be subdivided and requires infrastructure
improvements, the application shall be processed as a preliminary plat, which establishes the
preliminary location of lot lines, streets, and utility infrastructure, and grants the applicant
construction approval to install all required public and private improvements.
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Article IV – General Provisions
5. Final Plat (FPL). After completion of the required infrastructure and conditions for an
approved preliminary plat, the property owner may submit an application for approval of a
final plat. The final plat application may not be submitted until construction permits for the
required infrastructure have been approved or applicable bonds have been approved by the
Planning Commission.
6. Concurrent Plat (CCP). A concurrent plat combines the preliminary and final plats into one
application and is permitted when a property is to be subdivided into more than four lots, or
when a parent or resulting tract has been subdivided three or more times and is proposed to
be further subdivided, and the existing and new parcels do not require construction of new
infrastructure.
E. Planned Unit Development (PUD). A development application may be concurrently processed
with a rezoning application through the PUD process and may be conditionally approved,
subject to BOMA approval of the PUD standards. Development plans submitted with a PUD
may include more restrictive development regulations, but such plans may not fall below the
minimum development standards of this ordinance.
8.2 Development Review
A. Application Submittal. All development applications shall be submitted to the Planning
Department and will be processed for review in accordance with the Planning Department
operating procedures.
B. Application Requirements. Plans and plats shall be drawn in a legible manner, at a scale
suitable to the size of the property being developed or subdivided. All plans shall be drawn at
a standard engineering scale, and submitted in paper and digital form, as listed on the
application. The following information shall be submitted to the Planning and Zoning
Department for review:
General Information
Name, address, zoning, and property
lines of all property owners adjacent to
the exterior boundaries of the project
Name, address, phone numbers of
owner(s),
developer(s),
and
representatives
North arrow, scale, date of preparation,
zoning
classification,
map/parcel
numbers, total acreage, and proposed
use
Title block located in the lower right
hand corner indicating the name and
type of project, scale, firm/individual
preparing drawing, date, and revisions
Legend containing all symbols and
lines shown in the drawing
A vicinity map of the project with a
radius of 1.5 miles from the project, any
Major Thoroughfare Plan streets, and
the 100 year floodplain boundary
The location of all existing structures
on the property
7|P age
SKP
STP PPL
FPL
PUD
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Article IV – General Provisions
Site coverage note indicating the
percentage of the site that is currently
covered by impervious surface.
Title, name, address, stamp, and
signature of the design professional(s)
who prepared plans/plats
X
Floodplain/floodways/wetlands
Show 100-year floodplain and/or
floodway and base flood elevations.
Reference the FIRM panel number and
effective date.
Note and delineate wetlands on the
property
Existing and proposed topographic
information with source of information
noted
Show stream buffers
Plans showing the nature, location,
dimensions, and elevation of any part of
the property within a flood prone area;
existing or proposed structures or
building sites, fill storage of materials
and flood proofing measures; the
relationship of the above to the location
of the stream channel, floodway,
floodway fringe, regulatory flood
elevations, and the regulatory flood
protection elevation; and specifications
for building construction and materials,
flood proofing, filling, dredging,
grading, storage of materials, water
supply, and sanitary facilities;
A typical valley cross-section showing
the channel of the stream, elevation of
land areas adjoining each side of the
channel, cross-sectional areas to be
occupied by a development in a flood
prone area, and high-water information,
if required by the Planning Commission
SKP
Tree protection and landscaping
Delineate trees to be retained on-site
and the measures to be implemented for
their protection
Depict the limits of soil disturbance to
include all areas to be graded both onand off-site
Landscaping proposals for parking lots,
streets, greenspace, and required
screening or buffer yards, including
proposed plant size and species. Show
SKP
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X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FPL
PUD
STP PPL
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
STP PPL
X
FPL
PUD
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
Article IV – General Provisions
X
existing and proposed utility lines, and
state the method for irrigation.
Utilities, existing
Show, note, and dimension all known
existing on- and off-site utilities and
easements
Show invert and rim elevations of all
existing sanitary sewer, stormwater
drains, and fire hydrants
Existing easements shall show the name
of the easement holder and the purpose
of the easement. If an easement is
blanket or indeterminate in nature, a not
to this effect shall be added to the
plat/plan
SKP
Utilities, proposed
Show all storm sewer structures,
sanitary sewer structures, and drainage
structures. Provide structure locations
and types. Provide pipe types and sizes.
Stormwater drainage plans and
calculations
Sanitary sewer systems: show manhole
locations and provide pipe locations,
sizes, and types
Show invert elevations and connections
of all proposed sanitary sewer,
stormwater drains, and fire hydrants
Note the occurrence of previous water,
sewer, or storm sewer overflow
problems on-site or in the proximity of
the site
If a septic system is to be utilized,
provide a table of the acreage and
percolation rates
Water systems, on or near the site:
provide pipe locations, types, and sizes;
note the static pressure and flow of the
nearest hydrant; show location of
proposed fire hydrants and meters
Underground or surface utility
transmission lines: locations of all
related structures; locations of all lines;
a note shall be placed where streets will
be placed under existing overhead
facilities and the approximate change in
grade for the proposed street
State the width, location, and purpose
of all proposed easements or rights-ofway for utilities, drainage, sewers,
flood control, ingress/egress or other
SKP
9|P age
X
X
STP PPL
FPL
PUD
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FPL
PUD
X
X
STP PPL
X
X
X
X
X
X
X
X
X
X
X
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Article IV – General Provisions
X
public purposes within and adjacent to
the project
Streets/rights-of-way/easements
Delineate, label, and dimension from
centerline existing street right-of-way
(ROW) lines and Major Thoroughfare
Plan ROW lines
Delineate, label, and dimension from
centerline
any
required
ROW
dedication
Show the location, widths, grades, and
names of existing streets, alleys, paths,
and other ROW, whether public or
private, within and adjacent to the
project
Where a proposed road intersects an
existing public way or ways, the
elevation along the centerline of the
existing public way within one
hundred (100) feet of the intersection.
Show the general location and width of
existing and proposed streets, alleys,
paths, and other ROW, whether public
or private within and adjacent to the
project
Show the location, widths, grades, and
names of proposed streets, alleys, paths,
and other ROW, whether public or
private, within and adjacent to the
project
Show approximate radii of all curves,
lengths of tangents, and central angles
on all public ways
Provide a layout of adjoining property
in sufficient detail to show the effect of
proposed and existing streets (including
those in the Major Thoroughfare Plan),
adjoining lots, and off-site easements
Plans and profiles indicating the
locations and typical cross-section of
public way pavements, including curbs
and gutters, sidewalks, drainage, rightsof-way, manholes, and catch basins
Location of public way signs, including
street extension and speed limit signs
The location of all existing and
proposed street lights
SKP
Subdivision of land
The
lot
layout,
approximate
dimensions, and number of lots
SKP
10 | P a g e
STP PPL
FPL
PUD
LSP CCP NCP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FPL
PUD
STP PPL
X
X
Article IV – General Provisions
LSP CCP NCP
X
The lot layout, the dimensions of each
lot, number of lots, and total area in
square footage or acreage to the nearest
one-hundredth acre of each lot
Show the approximate finish grade
where pads are proposed for building
sites
Number lots consecutively
For phased developments, identify all
phase lines and the phase sequence
Site information
Identify the location of known existing
or abandoned water wells, sumps,
cesspools, springs, streams, bodies of
water, water impoundments, and
underground structures within the
project
Show the location of known existing or
proposed ground leases or access
agreements (shared parking lots, drives,
etcetera)
The location of any potentially
dangerous areas, including areas
subject to flooding, slope stability,
settlement, excessive noise, previously
filled areas, and any means of
mitigating hazards
For residential development, indicate
the use and list in a table the number of
units and bedrooms
For non-residential development,
indicate the gross floor area, all
proposed uses, and the floor area
devoted to each type of use
Show location and size of existing or
proposed signs, if any
Show general location and size of
parking, loading areas, and traffic flow
Show location, size, and construction
details of parking and loading areas.
Show the location, size, surfacing,
landscaping, and arrangement of
parking and loading areas. Indicate
pattern of traffic flow. Include a table
showing the required, provided, and
handicapped accessible parking spaces
Show location and width of curb cuts
and driveways. Dimension driveways
and curb cuts from side property lines
and surrounding intersections
Show location and dimensions of buffer
strips, fences, or walls, if required
11 | P a g e
X
SKP
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
FPL
PUD
LSP CCP NCP
STP PPL
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Article IV – General Provisions
X
Indicate location of and access to solid
waste service
Provide a description of commonly held
areas, if applicable
Show required building setbacks.
Provide a note of the current setback
requirements for the property/project
Show location of adjacent parks,
cemeteries, structures, development,
and historically significant properties
Show location and dimensions of all
property proposed to be set aside for
park,
playground,
or
other
public/private use, with designation of
the purpose and conditions of use
Show contours at vertical intervals of
not more than two (2) feet
Preliminary grading and drainage plans
and reports as required by the City
Engineer
Any other data or reports as deemed
necessary for project review by the City
Planner, City Administration, or
Planning Commission
All required signature blocks
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
C. Public Meetings. Zoning and development applications are required to be processed through
the Staff Review Meeting, Planning Commission Work Session, and Planning Commission
regular meeting, unless otherwise described below:
1. Administrative Approval. Applications subject to administrative approval shall be
processed through the Staff Review meeting only, unless referred by the Planning
Department.
2. Historically Significant Sites. Properties designated by the Board of Mayor and Aldermen
(BOMA) as historically significant and properties located within 300 feet of a property
designated by BOMA as historically significant shall present zoning, development, and
subdivision applications to the Spring Hill Historic Commission prior to being added to a
Planning Commission agenda. The Spring Hill Historic Commission shall submit in writing
a formal recommendation to the Planning Commission for consideration.
D. Approval Criteria.
1. Administrative Approval. The Planning Department may approve minor modifications to
previously approved plans, Property Line Adjustments, Lot Splits, and developments listed
in Section 8.2(B)(2). The Planning Department may refer applicants to the Planning
Commission based on the following criteria:
a. The application does not comply with the zoning and development requirements for the
property.
b. The proposed development would violate a City ordinance, a State statute, or federal
statute.
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Article IV – General Provisions
c. The requested action would make an existing nonconforming property or structure more
nonconforming.
d. The conditions of approval for a previously approved plan have not been met.
e. The developer or property owner refuses to dedicate right-of-way or easements.
f. The application would have an adverse impact on the health, safety, and welfare of the
general public.
2. Planning Commission Approval. The Planning Commission shall exercise the full extent
of the powers granted to it pursuant to Section 14.02 of the Spring Hill Municipal Code
and Chapter 13 of the Tennessee Code Annotated and therewith may refuse to approve a
development application based on, but not limited to the following criteria:
a. The plat or development plan is not submitted in accordance with these requirements of
the City’s zoning and subdivision regulations.
b. The proposed development would violate a City ordinance, a State statute, or federal
statute.
c. The developer refuses to dedicate street right-of-way, utility easements, or drainage
easements determined to be necessary for the development.
d. The land is found to be unsuitable for subdivision or development due to flooding,
improper drainage, steep slopes, rock formations, adverse earth formations or
topography, utility easements, or other features which would be harmful to the safety,
health, and general welfare of inhabitants of the land and surrounding areas.
e. The application would have an adverse impact on the health, safety, and welfare of the
general public.
f. City water and sewer is not readily available to the property within the development and
the developer has made no provision for extending such service to the development.
g. The developer refuses to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
Modifications to Previously Approved Plans
8.3
A. Minor Modifications. The City Planner may authorize minor modifications to a previously
approved plan. Minor modifications shall include, but not be limited to, minor shifts in property
line locations or minor variations in building placement in such a way that the overall approved
floor area, impervious area, or dwelling units per acre are not increased.
B. Major Modifications. In the event a property owner wishes to make major modifications to an
approved application, such modifications shall be submitted to the Planning Commission in a
form which compares the approved submission with the desired changes. Major modifications
shall include, but not be limited to, changes to the proposed use, increases in the floor area or
building volume, increases to the property area, changes to ingress or egress, or an increase in
the number of dwelling units.
C. Reasons for Denial. An amendment or modification to a previously approved plan may be
denied based upon a written finding by the City that the proposal:
1.
2.
3.
4.
Alters the proposed use;
Increases the overall area of the development;
Alters the size of any nonresidential structure included in the development plan;
Increases the density of the development so as to affect traffic, noise, or other environmental
impacts; or
5. Increases any local government expenditure necessary to implement or sustain the proposed
use.
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Article IV – General Provisions
8.4 Expiration of Approved Applications
A. Conceptual Approval. Sketch plan applications convey conceptual approval of the design of a
property, not final development approval, and expire within one (1) year from the date of
approval.
B. Use Approval. An approved application for a use on appeal is conditioned upon the applicant
accomplishing the applicable tasks enumerated below within one (1) year from the date of
approval. Should the applicant fail to accomplish the applicable tasks, the use approval shall
be considered null and void.
1. Site plan approval for any new construction requiring Planning Commission approval; or
2. Building permit approval for any new construction or renovation not requiring Planning
Commission approval;
3. Business license approval for any use not requiring building permit approval; or
4. Receive all permits and approvals required by City, County, State, and Federal regulations
to complete the project.
C. Development Approval. During the vesting periods listed below, the adopted standards which
are in effect on the date of approval of the required preliminary approval, or final development
approval where preliminary approval is not required, shall remain the development standards
applicable to the property.
1. Building Permit. The vesting period commences on the date of the building permit issuance
and remains in effect for one (1) year.
2. Development Plan. The vesting period applicable to required preliminary development
applications shall be three (3) years, beginning on the date of the application, and as listed
in Table 1.
a. Should the applicant obtain all necessary permits for site preparation and commences
site preparation within three (3) years of approval, the vesting period shall be extended
an additional two (2) years to commence construction from the date of the expiration
of the three-year period for a total of five (5) years. During the two-year period, the
applicant shall commence construction and maintain any necessary permits to remain
vested.
i. Should the applicant commence construction during the five-year period, the
development standards applicable during the vesting period shall remain in effect
until a final certificate of occupancy is issued; provided, the total vesting period of
the project shall not exceed ten (10) years from the date of application approval,
during which time the applicant shall maintain all necessary permits during this
period.
3. The vesting period outlined in this subsection shall be terminated upon the following
conditions:
a. When the applicant violates the terms and conditions specified in the approved
development plan or building permit. The applicant shall receive ninety (90) days from
the date of the written notification to resolve the violation, unless provided additional
time from the City.
b. Upon a finding by the City that the applicant intentionally supplied inaccurate
information or knowingly made misrepresentations material to the issuance of a
building permit or approval of a development plan or did not construct the development
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Article IV – General Provisions
in accordance with the approved building permit or the approved development plan or
an approved amendment for the building permit or the development plan.
c. Upon the written determination by the City of the existence of a natural or man-made
hazard on or in the immediate vicinity of the subject property, not identified in the
development plan or building permit, and which hazard, if uncorrected, would pose a
serious threat to the public health, safety, or welfare and the threat cannot be mitigated
within a reasonable period of time.
d. Upon enactment or promulgation of a State or Federal law, regulation, rule, policy,
corrective action or other governance that is required to be enforced by the City and
that precludes development as contemplated in the approved development plan or
building permit, unless modifications to the development plan or building permit can
be made by the applicant, within ninety (90) days of notification of the new
requirement, which will allow the applicant to comply with the new requirement.
Table 1:
Approval
Elective Preliminary
Approval
Required Preliminary
Approval
Final Development
Approval for projects
requiring Preliminary
Approval
Final Development
approval for projects
not requiring
preliminary approval
Application
Sketch Plan
Date of approval
1 year
Total
Vesting
Period
1 year
Planned Unit
Development;
Neighborhood
Concept Plan;
Site Plan in the
R-4 zoning
district
Residential
Preliminary Plat;
Planned Unit
Development;
Site Plan in the
R-4 zoning
district
Final Plat
Date of approval
3 years
3 years
3 years from date
of preliminary
approval
2 years
5 years
Recordation of the plat;
secure permits;
commence site
preparation
5 years from date
of preliminary
approval
Date of approval
5 years
10 years
Complete construction;
maintain permits
3 years
3 years
Recordation of the plat;
secure permits;
commence site
preparation
5 years from date
of preliminary
approval
Approval date of
site plan or
preliminary plat
Approval date of
the original
application
5 years
10 years
Complete construction;
maintain permits
3 years for
each phase
or section
Time limit
for original
approval
15 years
Complete construction for
each phase and maintain
permits
Required actions for
original approval
Property line
adjustment;
Lot split;
Concurrent Plat;
Nonresidential
Preliminary Plat;
Site Plan;
Phased Projects
All
Modifications
All
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Effective Date
Vesting
Period
Article IV – General Provisions
Total for
original
approval
Required Actions
Obtain final development
approval
Obtain Final development
plan approval; secure
permits; and commence
site preparation
D. Variances. Board of Zoning Appeals approval of a variance is conditioned upon the applicant
accomplishing the applicable tasks enumerated below within one (1) year from the date of
approval. Should the applicant fail to accomplish the applicable tasks, variance approval shall
be considered null and void.
1. Site plan approval for any new construction requiring Planning Commission approval; or
2. Building permit approval for any new construction or renovation not requiring Planning
Commission approval;
3. Business license approval for any use not requiring building permit approval; or
4. Receive all permits and approvals required by City, County, State, and Federal regulations
to complete the project.
E. Extensions. The Planning Commission, upon showing of good cause by the applicant, may
extend for periods of twelve (12) months, the time for beginning construction. A project that
has received an unresolved violation notice prior to the issuance of a final certificate of
occupancy shall not be eligible for consideration of an extension.
Section 9. Fire Codes.
Any building exceeding fifty (50) feet in height shall be required to meet the Spring Hill Fire
Codes regarding an approved water supply system in case of fire. Such a system shall include an
approved "sprinkler system" where deemed necessary by the fire department.
Section 10. Provision for Condominiums.
This section is designed to augment the general legislation provided in Sections 64-2701 through
64-2722 of the Tennessee Code Annotated, entitled "Horizontal Property Act" by providing
supplemental rules and regulations for the implementation of this act as specifically authorized in
Section 64-2721 of the Tennessee Code Annotated.
10.1
Each condominium created for the purpose of sale or transfer of real property is subject to
provisions for Group Housing Development, Article VI, Section 5.7, of this ordinance.
10.2
Each owner shall further comply with Article II, Section 2-101.5 (Special Provisions
Governing Unit Ownership (Condominium) Subdivisions) of the Spring Hill Subdivision
Regulations.
Section 11. Development Review Fees. (Changed by Ord. 86-40.)
The purpose of this section is to provide for the establishment of a system of fees and charges
reasonably calculated to enable the Town to recover the costs associated with the administration
and enforcement of this ordinance. To this end, the Board of Aldermen shall adopt by resolution
a schedule of fees and charges, consistent with this section, for applications for zoning permits,
sign permits, special exception, variances, site plan approvals, appeals, interpretations, ordinance
map or text amendments, planned unit development preliminary approvals and final master plan
approvals, and other permits or approvals authorized under this ordinance.
11.1
For all permits and approvals there shall be charged a basic fee in an amount sufficient to
cover the usual and customary direct costs associated with the type of application in
question (e.g., the costs associated with advertising and conducting a public hearing) as
well as that application's pro rata share of the general, non-allocable costs related to the
administration and enforcement of this ordinance, including without limitation the costs of
town personnel and costs of obtaining professional planning, architectural, legal, or
16 | P a g e
Article IV – General Provisions
engineering assistance necessary to administer, interpret, amend and enforce this
ordinance.
11.2
The Board of Aldermen recognizes that, even among major developments of the same type
and size, differences in topography, soil conditions, project design, and other factors can
result in significant disparities in the amount of professional assistance needed by the Town
to determine compliance with this ordinance. Therefore, with respect to requests for group
housing developments, cluster housing developments, planned unit developments, and
other commercial or industrial projects in excess of one acre, the applicant shall also bear
90 percent of the costs incurred by the Town to obtain professional planning, architectural,
legal or engineering assistance in reviewing site plans for such projects and determining
whether such projects, if completed as proposed, will comply with the provisions of this
ordinance. To this end, the fees and charges schedule adopted by the Board shall establish
an amount that must be deposited (along with the basic fee) by applicants for the foregoing
types of developments. The Town may request at any time that additional amounts be
deposited if it reasonably appears that the funds deposited under this section will be
inadequate to cover the applicant's obligation under this section, and further processing of
the applicant may be delayed until such additional deposit is received. In any event, no
building permit may be issued until any deficiency has been paid. Upon approval or
rejection of the site plan or upon withdrawal of the application, the Town shall forthwith
refund any amount by which the deposit exceeds the amount owed.
11.3
The initial development review fees are as follows:
Zoning Permit
Single-family house/mobile home
Duplex
Multi-family
Other residential permitted use
Commercial uses
Sign Permit
0 through 10 s.f.
11 through 20 s.f.
21 through 30 s.f.
31 through 60 s.f.
Over 60 s.f.
Temporary
Special Exception
Residential
Nonresidential
Appeal
Development
Sketch Plan
Site Plan (residential)
Site Plan (nonresidential)
Minor Modification
Major Modification
Extension
Planned Unit Development
Preliminary approval
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$30
$60
$90
$125
$150
$5
$25 + $10/dwelling unit
$25 + $0.1/s.f. of building gross floor area
$100
$100
$100 + $10/dwelling unit
$100 + $0.01/square foot of gross floor area
$100
$100
$100
$300+ $25/acre for the portion proposed for
residential use
Article IV – General Provisions
$500 + $100/acre for the portion proposed for
nonresidential use
In determining the amount of the preliminary
approval fees, the entire acreage within the
PUD shall be considered, without subtraction
of areas proposed for roads, utility easements,
open space, etc. Open space areas shall be
characterized as residential or non-residential
according to whether the area with which such
open space is most closely associated is
residential or non-residential. If a road or other
easement not intended to be part of a lot
divides a residential from a non-residential
area, the dividing line between the two areas
shall be considered to be the centerline of such
road or easement.
$100 + $20 per acre + $5 per lot
Final Master Plan Approval
Planned Zoning District
Nonresidential/mixed use:
Zoning only (five acres or less)
$500
Zoning only (more than five acres)
$800
Zoning and development (five acres or less) $500 + $0.03/s.f. of g.f.a. and $10 per dwelling
unit
Zoning and development (more than five
$800 + $0.03/s.f. of g.f.a. and $10 per dwelling
acres)
unit
Residential:
Zoning only (20 dwelling units or less)
$400
Zoning only (More than 20 dwelling units) $600
Zoning and development (20 dwelling units $400 + $20/acre + $10/lot or dwelling unit
or less)
Zoning and development (More than 20
$600 + $20/acre + $10/lot or dwelling unit
dwelling units)
Professional Consultant Review Fees
Residential Portions of Site Plans
Non-residential Portions of Site Plans
Subdivisions
Sketch Plan
Property Line Adjustment
Lot Split
Neighborhood Concept Plan
Preliminary Plat
Final Plat
Concurrent Plat
Minor Modification
Major Modification
Extension
Variance
Zoning Map Amendment
Future Land Use Map Amendment
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$10/dwelling unit
$.02/s.f. of building gross floor area
$100
$100
$200
$200
$200 + $20/acre + $10/lot or dwelling unit
$25 + $5/lot
$200 + $5/lot
$100
$100
$100
$100
$200
No cost
Article IV – General Provisions
Section 12.
Sanitary Sewers Required for Subdivisions.
12.1
No subdivision or other development of property for residential, commercial, or industrial
use, when such property will not be served by a sanitary sewer system, will be approved
by the Planning Commission or building permits issued for such property unless the owner
of the property, at its expense, extends the necessary water and sewer lines and accessories
to serve the proposed subdivision or development; provided, however, that the sewer line
requirement may be waived by the Board of Mayor and Aldermen of the Town of Spring
Hill when it determines that extraordinary circumstances authorize a waiver of this
requirement.
12.2
The Spring Hill Planning Commission henceforth shall not approve any subdivision that
does not comply with the requirements of subsection (13.1) above involving property in
the Spring Hill city limits or in such proximity to the city limits as likely to be annexed
within the foreseeable future, as determined by the Planning Commission, except where,
for extraordinary reasons, the requirement for a sanitary sewer is waived by the Board of
Mayor and Aldermen as provided in Ordinance No. 93-18.
12.3
Any determination by the Planning Commission involving property outside the city limits
under subsection (13.2) above may be modified or overruled by the Board of Mayor and
Aldermen which may place conditions on any such action.
Section 13.
Corner Lots.
For lots adjacent to the intersection of two (2) public streets, each yard abutting a public
street shall be considered a front yard and shall meet the front yard setback requirements
for that particular district. Furthermore, corner lots shall also have one (1) side yard and
one (1) rear yard that will meet those setbacks for the particular district. The rear yard of
a corner lot shall be the yard that is opposite the front yard on the public street which
provides the address for the lot; the remaining yard shall be the side yard.
Section 14.
Lot Must Abut A Dedicated Or Public Street.
No building shall be erected on a lot which does not abut at least one (1) publicly approved
and accepted street for a distance of at least fifty (50) feet, or at least forty (40) feet on culde-sac courts, or unless it abuts for fifty (50) feet on a street shown on a final subdivision
plat as approved by the Spring Hill Planning Commission.
Section 15.
Fences, Walls, and Hedges.
Notwithstanding other provisions of this ordinance, fences walls, and hedges may be
permitted in any required yard, or along any lot lines except as prohibited in Section 6 of
this ARTICLE. Only new material, or such material as found to be structurally acceptable
to the Chief Building Inspector shall be used. On corner lots where a double front setback
is required, and where there is a common rear yard relationship with a lot in the same block,
a fence no greater than forty-eight (48) inches in height above the existing grade of the land
may be installed along the common street line from the front building setback line to the
rear property line.
Section 16.
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Lot Drainage.
Article IV – General Provisions
Lots shall be laid out so as to provide positive drainage away from all buildings, and
individual lot drainage shall be coordinated with the general storm drainage pattern for the
area which includes subsurface drainage. Drainage shall be designed so as to avoid
concentration of storm drainage water from each lot to adjacent lots or from public streets
to adjacent lots. The Building Inspector reserves the right to set minimum elevations on
all floors, patios, porches, garages, storage sheds, or any other structure on a lot. The
content of this paragraph is to give summary review powers over calculated or historical
evidence of storm water presence in overland or channel conditions.
Section 17.
Buffer Yards.
A buffer yard is a unit of open space improved with screening and/or landscaping
materials used to increase compatibility between commercial or industrial districts
adjacent to any residential district, or residential developments of differing densities
and/or intensities which may or may not be greater than the required yard areas for the
zoning district. Within all commercial or industrial districts adjacent to any residential
district, buffer yards shall be required to separate certain activities from others in order to
eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs,
and buildings or parking areas, to protect the character of residential areas and conserve
property values.
17.1
Minimum Buffer Yard Standards
The following are considered to be minimum standards for Buffer Yards:
20 | P a g e
17.1(1)
The buffer yard shall consist of plantings and physical features sufficient
to screen direct view, reduce glare and noise, and provide greater privacy
for nearby residential uses. The buffer shall be initially installed for the
permanent year round protection of adjacent property by visually shielding
internal activities from adjoining property from ground level view to a
minimum height of eight (8) feet. A landscaping plan detailing the type,
substance, design, width, height, opacity, growing period to maturity, time
schedule for installation, and responsibility for perpetual maintenance of
the buffer yard shall be submitted to and approved by the planning
commission.
17.1(2)
The landscaping provisions of this section may be varied or reduced if the
proposed plan provides for unique and innovative landscaping treatment
or physical features that, in the opinion of the planning commission, meet
the intent and purpose of this section. In instances where significant
physical features exist (e.g., railroads, interstate and other major highways,
hillsides, preserved wooded areas, etc.) which in the opinion of the
planning commission provide adequate buffering between land uses, the
existing buffers may be used to meet the landscaping provisions of this
section.
17.1(3)
Fences, walls, and berms may also be utilized in the landscaping plan of
the buffer yard.
Article IV – General Provisions
The width of a required buffer may be reduced by twenty (20) percent if a
wall, fence, or berm is provided that meets the following standards:
17.1(4)
21 | P a g e
a.
Any required buffer abutting a park or greenway shall be waived in
its entirety, if the property owner dedicated that land to be set aside
for the required full buffer width to the city for incorporation into the
park or greenway. Such land dedication shall be acceptable to the
parks and recreation department.
b.
If fences or walls are used, they shall:
1.
Be a minimum of eight (8) feet high, or alternatively;
2.
Be a minimum of six (6) feet high when used in addition to, and
in conjunction with a berm that is at least two (2) feet high;
3.
Be constructed in a durable fashion of brick, stone, other
masonry materials, wood posts and planks, or metal or other
materials specifically designed as fencing materials, or any
combination thereof, as may be approved by the planning
commission;
4.
Have no more than twenty-five (25) percent of the fence surface
left open, and the finished side of the fence shall face the
abutting property; and
5.
Not create a stockade appearance by the use of solid fencing.
Solid fences facing public streets shall have masonry columns
located no greater than seventy-five (75) feet on center. Using
evergreen vegetative material, or other landscape materials, may
also be used to avoid a stockade look.
c.
Berms shall be a minimum of two (2) feet high with a maximum
slope of three to one (3:1). Berms in excess of six (6) feet high shall
have a maximum slope of four to one (4:1) as measured from the
exterior property line.
d.
Berms shall be landscaped and stabilized to prevent erosion.
Evergreen plant materials shall be planted in clusters as opposed to a
single line in order to maximize chances of survival. Conifers may also be
Article IV – General Provisions
used as appropriate.
17.1(5)
Buffer yards shall remain in the ownership of the lot owner and shall be
adequately maintained by the owner.
17.1(6)
Accessory parking is permitted within buffer yards outside the minimum
required front or side yard area, provided that aisles and stalls are
separated from the street right-of-way by a strip of land at least five (5)
feet wide with landscaping or fencing sufficient to provide effective visual
screening of the parking area.
17.1(7)
Buffer yards are not to be used for storage of any type.
17.1(8)
Where practical, pedestrian access shall be provided through the buffer
yard. Changed by Ord. 07-30.)
17.2
Alternative Buffering and Screening
In the event that the unusual topography or elevation of a development site, the size
of the parcel to be developed, the soil or other sub-surface condition on the site, or the
presence of required buffer or screening on adjacent developed property would make
strict adherence to the requirements of these standards serve no meaningful purpose
or would make it physically impossible to install and maintain the required buffer or
screen, the planning commission may alter the requirements of these standards as
long as the existing features of the development site comply with the spirit and intent
of these standards. Such an alteration may occur only at the request of the property
owner, who shall submit a plan to the planning commission showing existing site
features that would buffer or screen the proposed use and any additional buffer
materials the property owner will plant or construct to buffer or screen the proposed
use. The planning commission shall not alter the requirements of these standards
unless the developer demonstrates that existing site features and any additional buffer
materials will screen the proposed use as effectively as the required buffer or
screening.
Existing trees or hedgerows, which are proposed to be used to fulfill buffer
requirements, shall be shown on the required site plan. Any material in satisfactory
condition may be used to satisfy these requirements in whole or in part when, in the
opinion of the Planning Commission, such material meets the requirements and
achieves the objectives of this section. (Changed by Ord. 07-30.)
17.3
Parking area landscaping and screening.
17.3(1) All parking and loading areas fronting public streets, sidewalks/walkways,
or residential districts or uses shall provide:
22 | P a g e
Article IV – General Provisions
Section 18.
a.
A landscaped area at least fifteen (15) feet in depth (as to allow for
both trees and shrubs) along the public streets, sidewalks/walkways or
residential districts (new or existing).
b.
Screening at least five (5) feet in height and not less than fifty (50)
percent transparent at any time of the year.
c.
One tree (minimum three (3) inch caliper) for each thirty-five (35)
linear feet of parking, loading or residential district frontage.
(Changed by Ord. 07-30.)
Landscaping Requirements.
Within any commercial or industrial district, all sites shall be developed with an
area landscaped with trees, green shrubbery, grass, ground cover, vines, or flowers
as determined by the Planning Commission based on previously approved site
plans. Such landscaped area shall be located on the site to provide the maximum
visibility of the landscaping to surrounding properties and public streets.
Materials. All plant materials must meet the minimum standards set by the American
National Standards Institute in ANSI Z60.1 American Standard for Nursery
Stock. Landscape species shall be indigenous or proven adaptable to the climate, but
shall not be invasive species. Plant materials shall comply with the following
standards:
a. Minimum plant size shall be as specified as follows (for the purpose of
determining tree trunk size, the diameter/caliper size shall be measured
six (6) inches above ground level):
Plant Type
Evergreen tree
Minimum Size
eight (8) feet in height
Deciduous canopy tree
clear trunk height of four (4)
feet above the ground with a
three (3) inch caliper
Evergreen or deciduous shrubs
twenty-four (24) – thirty (30)
inches in height
b. Landscape materials shall be tolerant of specific site conditions,
including
but not limited to heat, drought and salt.
c. Existing healthy plant material may be utilized to satisfy landscaping
requirements, provided it meets the minimum plant size specified above.
23 | P a g e
Article IV – General Provisions
d. Landscape materials that are used for screening shall be of a size that
allows
growth to the desired height and screening capacity within 4
years. (Changed
by Ord. 07-30.)
Section 19.
19.1
Design Standards
Commercial and Industrial Design Standards
19.1(1)
A minimum of 15% shall be devoted to permeable surfaces with 10% of the
vehicular use area devoted to landscaping.
19.1(2)
In areas where setbacks are not consistent, building should be set back the
average distance of adjacent building within 100 feet of proposed structure.
19.1.(3)
Large unbroken expanses of paving between the street and building are
discouraged. Required side yard areas should also be landscaped.
19.1(4)
Curb cuts along a property should be the minimum necessary. As a guide,
no more than one curb cut should occur in each 150 feet of frontage.
Combined or shared entries between properties are encouraged on collector
street and are required on arterial streets. Curb cut should be no wider than
30 feet for residential and non-residential uses.
19.1(5)
If retention/detention areas are used, they shall be considered as an amenity
area and must be landscaped.
19.1(6)
To maintain the Charter of the City of Spring Hill, the following exterior
materials are acceptable for commercial use:
Brick
Limestone
Tile
Plaster
Stucco
Glass and Glazing, or Architectural Precast
Metal siding may be used on sides and rear of industrial building, if the
building
faces the street. No smooth faced block will be allowed on commercial
buildings.
19.1.(7)
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All main entrances of building should be visible from the street. All
materials and street face must continue on the side and rear of building.
Service and loading areas shall be located away from the street or must be
screened . Mechanical equipment on roof or sides of building must be
screened
Article IV – General Provisions
19.2
19.1(8)
Parking lots must have no more than 15 spaces without a landscaped island.
These islands must be 5 feet wide with a requirement of at least one tree
with shrubs and ground cover. No parking lot shall exceed a 5% slope. All
parking lots must have a minimum 10% landscaping area, and no area shall
be less than 75 square feet. Landscaped areas shall dominated the frontage
of any site. Screening shall be required at all service and loading areas,
dumpsters, material storage areas, utility boxes, or air conditioning and heat
units. Any screening around dumpster shall be 2 feet above top of dumpster.
19.1(9)
Any roof that can be viewed by the public must be shingle or colored
standing seam metal roofing.
Residential Design Standards
The following design standards shall apply to all new residential building construction,
unless more specific requirements for a particular area or type of building are stated
elsewhere.
19.2(1)
Roof Design and Materials,
(a) All primary roofline structure designs shall maintain a minimum of a 6-12 pitch,
exclusive of dormers and porches, and eaves shall have a one foot minimum
overhang.
(b) All metal rooftop chimneys shall be enclosed in a chase. The chase shall be
constructed of wood. The enclosure shall be covered with the materials used on
the facade of the structure.
19.2(2)
Building Foundations.
(a) Crawl Spaces. All crawl spaces shall maintain a minimum 24 inch clearance
from the ground to the top of any perimeter block. Girders shall maintain an 18
inch clearance. The ground to the crawl space shall be clean of all debris and
vegetation prior to construction. The ground in the crawl space shall be
smoothed with the slope of the land and covered with two inches of gravel and
a vapor barrier.
(b) Foundation Walls. The exterior facade of the foundation wall shall be covered
with brick. A minimum 3 inch positive drain shall be installed at the lowest
point of the foundation wall.
(c) Concrete Slabs. Buildings constructed on a concrete slab shall be elevated to
allow a minimum of 6 inches from finished grade to any wood or siding. The
grade around the foundation slab shall maintain a minimum slope of 6 inches
fall away from the house to a distance of 10 feet.
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Article IV – General Provisions
19.2(3)
Framing.
(a) All interior and exterior walls shall be framed at 16 inches on center.
(b) All interior wall headers for doors shall be framed with a minimum of
doubled 2x4 material turned on edge.
(c) Corner Braces - 1x4 lumber or metal let in at an angle at all corners - as
described in ICC, shall be used where plywood or OSB type board is
not used for sheathing.
(d) All residential buildings having a facade constructed of vinyl siding
shall use OSB type board behind all siding.
19.2(4)
Facade and Porch Requirements.
(a) Minimum Brick Requirements. A building constructed on a lot that
joins a major street or road (60 foot wide), shall have a minimum of
85% brick or other type masonry facade up to the eave line. 20% of
the facade on the front of the structure may be wood or other imitation
masonry, wood designs or materials (Brick stone, cement plank, wood
siding, drivit maximum of 20% vinyl). This requirement shall not
apply to a lot that is buffered from the major street or road (60 foot
wide) by a berm with trees. Number and size of trees will be at the
discretion of the Planning Commission.
(b) Porches and Entryways. All entry doors shall be recessed or covered
by a porch awning, drip edge or the like.
(c) Gutters. All residential dwellings shall have gutters with downspouts
to drain water away from the structure attached to the building. Gutters
shall be constructed of galvanized steel or aluminum.
19.2(5)
Section 20.
Driveways. All driveways shall be paved with concrete, asphalt or some
similar material. Any driveway that is 150 feet in length or longer may be
gravel.
Automatic Fire Sprinkler System.
20.1
An automatic Fire Sprinkler System shall be installed throughout all new or
remodeled buildings under the following conditions:
20.2
(a).
(b)
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All multi-family residential structures and all residential structures
having a five foot (5’) or less building setback line.
All commercial buildings of 10,000 gross square feet or larger.
Article IV – General Provisions
20.3
Automatic Fire Sprinkler Systems required by this code shall be designed and
installed in accordance with the scope and purpose of the latest edition of the
following standards as published by the National Fire Protection Association.
(a) NFPA 13, Standard for the Installation of Sprinkler Systems.
(b) NFPA 13R Standard for the Installation of Sprinkler Systems in Residential
Occupancies up to and including four (4) stories in height.
20.4
In existing buildings which are substantially remodeled, or rehabilitated, an
automatic fire sprinkler system shall be required if the subsequent building meets
any of the conditions for new buildings in subsection (1) of this ordinance.
“Substantially remodeled, or rehabilitated” means any structural alteration or
restoration of a building for which cost or value exceeds fifty (50) percent of the
current replacement cost of the particular building, or where more than fifty (50)
percent of the gross square footage has been structurally altered, such building shall
conform to the requirements for new buildings.
20.5
Any addition to an existing commercial building, which brings the area to 10,000
gross square feet, or more, shall cause the entire building to conform to the
requirements for new buildings, or otherwise the addition shall be separated from
the existing building by a four (4) hour fire wall with opening protectives in
accordance with the Standard Building Code.
20.6
Where automatic fire sprinkler systems are determined to increase the hazard to the
property or occupants to be protected, other automatic fire extinguishing systems
appropriate for the hazard shall be designed, installed, tested, inspected, and
maintained in accordance with the National Fire Protection standards.
20.7
An automatic fire sprinkler system or automatic fire extinguishing system provided
as a requirement of this code, or otherwise installed shall be supervised in
accordance with the Standard Fire Prevention Code, Standard Building Code,
and NFPA 101, Life Safety Code. Automatic fire sprinkler systems shall be
equipped with an audible alarm located on the address side of the building exterior
as approved by the Fire Chief.
20.8
Every new fire department connection for an automatic sprinkler system shall be
located on the address side of the building not more than one hundred (100) feet
from the fire hydrant riser connected to an approved water supply. Fire department
connections shall be provided with a locking cap or caps of type approved by the
Fire Chief.
20.9
Occupancies shall be classified in accordance with Chapter 3 of the Standard
Building Code, 1997 edition.
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Article IV – General Provisions
20.10
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Where these requirements conflict with the Standard Building Code, Standard
Fire Prevention Code, NFPA 101, Life Safety Code, or any state, or federal
requirement, the more stringent requirement shall apply. (2002 Code S0-000)
Article IV – General Provisions
ARTICLE V
ESTABLISHMENT OF DISTRICTS
Section 1. Classification of Districts.
1.1
For the purpose of this ordinance, the City of Spring Hill is hereby divided into districts
as follows:
AG
Agricultural
R-1
Residential (Low Density)
R-2
Residential (Medium Density)
R-3
Mobile Home Parks
R-4
Residential (High Density)
R-5
Residential (Apartments)
R-6
Traditional Neighborhood Districts (TND)
B-1
Office
B-2
Neighborhood Shopping
B-3
Intermediate Business
B-4
Central Business
M-1
Industrial (Light)
M-2
Industrial (Heavy)
M-3
Industrial (Special) (As amended by Ord. 85-17.)
F-1
Open Floodway
1.2
The boundaries of these districts are hereby established as shown on "The Municipal
Zoning Map of Spring Hill", dated September 24 and 25, 1985, and as revised thereafter,
(hereafter referred to as the zoning map), which is on file in the office of the city building
inspector.
1.3
Unless otherwise indicated on the zoning map, the district boundaries follow lot lines, the
center lines of streets or alleys, railroad rights-of-way, or the corporate limit lines.
Questions concerning the exact locations of district boundaries shall be determined by the
Board of Zoning Appeals.
1.4
Where a district boundary divides an existing lot, and the major portion of said lot is in a
less restricted district, the regulations pertaining to that district may apply twenty (20) feet
within the more restricted district.
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Article V – Establishment of Districts
1.5
Upon annexation by the City of Spring Hill of any area, such area shall automatically be
classified "Agricultural." As expeditiously as is consistent with sound planning and zoning
practice, the Planning Commission shall prepare and transmit to the Board of Mayor and
Aldermen a recommendation for the zoning districts in such areas. Upon receipt of such
recommendation and after a public hearing duly noticed in a newspaper of general
circulation in the City of Spring Hill as then constituted, the Board of Mayor and Aldermen
shall adopt such permanent zoning districting in such annexed areas as it deems advisable.
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Article V – Establishment of Districts
ARTICLE VI
PROVISIONS GOVERNING RESIDENTIAL DISTRICTS
Section 1.
(AG) Agricultural Districts.
Intent: This district is intended to preserve the rural character of land within the planning region
specifically allowing agricultural purposes, those buildings necessary to support those purposes
and low density residential development. This district may include areas and lands not suitable for
development due to limitations of soil, geology or topography. This district will include
community facilities, public utilities and open uses which specifically serve the residents of the
district. Facilities which are enhanced by an open environment and which do not deter from the
overall rural character of the district are also included.
Within the AG Agricultural Districts as shown on the zoning map, the following regulations shall
apply:
1.1
1.2
Uses Permitted.
1.1(1)
Agricultural activities, including crop and animal raising.
1.1(2)
Uses permitted within (R-1) Residential Districts.
1.1(3)
The mining of phosphate and the hauling of phosphate material.
1.1(4)
Accessory uses and structures customarily incidental to the above
permitted uses.
Uses Permitted on Appeal.
Churches and other places of worship, schools offering general education courses, public
parks and public recreational facilities, private recreational facilities, and winery subject
to such restrictions as the Spring Hill Board of Zoning Appeals deem necessary, railroad
rights-of-way, municipal, county, state, or federal uses except storage facilities,
cemeteries, philanthropic institutions and clubs, except clubs the chief activities of which
are customarily carried on as business, and any other similar uses or structures subject to
such conditions as the Spring Hill Board of Zoning Appeals may require in order to
preserve and protect the character of the district in which the proposed use is located.
1.3
Uses Prohibited.
1.3(1) All other types of dwellings (as defined in Article III of this ordinance), mobile
home parks, apartments, planned unit developments, all commercial uses and all
industrial uses that are not specifically permitted, permitted on appeal or permitted
by implication are strictly prohibited. Any building or structure containing a toilet
or other means of the disposal of human waste which will not be served by the
sanitary sewer system to be constructed on a lot or other parcel of land containing
less than 1 1/2 acres. The construction of a septic tank or other means of the
disposal of human waste which will not be connected to the sanitary sewer system
on any area that has not been approved by the appropriate agency for septic tanks.
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Article VI – Provisions Governing Residential Districts
1.4
Lot Area, Lot Width, Yards, and Building Area.
The principal structure or structures shall be located to comply with the following
requirements:
1.4(1)
Lot Area, Lot Width, Rear and Side Yards.
1.4(1.1)
Minimum lot area:………………………………… 2 acres
1.4(1.2)
Minimum lot width at building line:
For residences …………………………………………150
feet
For institutional uses ………………………………….250
feet
For other permitted uses ……………………………... 200
feet
1.4(2)
Yards.
Minimum rear yard ………………………………………….……. 60 feet
Minimum side yard:
For one or two story buildings …………………………… 20 feet
For three story buildings ………………………………….. 30 feet
Front yards:
All principal and accessory structures shall be set back from the right-ofway lines of streets the minimum distance shown below, according to their
classifications as indicated on the latest official municipal thoroughfare
plan.
Arterial Street ……………………………………. 50 feet
Collector Streets …………………………………. 40 feet
Minor Streets …………………………………….. 30 feet
1.4(3)
Building Area.
On any lot, the area occupied by all structures, including accessory
structures, shall not exceed twenty-five percent (25%) of the total area.
Accessory structures shall not cover more than thirty percent (30%) of any
required rear yard.
1.5
Height.
Dwelling structures shall not exceed fifty (50) feet in height.
1.6
Location of Accessory Structures.
1.6(1)
With the exception of signs, accessory structures shall not be erected in
any required front or side yards.
1.6(2)
Accessory structures shall be located at least five (5) feet from all lot lines
and from any building on the same lot.
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Article VI – Provisions Governing Residential Districts
1.6(3)
Section 2.
On any corner lot adjoining in the rear another lot which is in a residential
district, no part of any accessory structure within twenty-five (25) feet of
the common lot line shall be nearer the side street line than the depth of
any required front yard for a dwelling along such side street.
(R-1) Residential Districts (Low Density).
Intent: To provide a low density residential environment having good access to public water,
schools and other community facilities, but well separated from heavy traffic and other
incompatible activities.
Within the R-1 Residential Districts, as shown on the zoning map, the following regulations shall
apply.
2.1
Uses Permitted.
2.1(1) Single detached family dwellings.
2.1(2) The taking of boarders or the renting or leasing of rooms by the family resident on
the premises, provided that not over fifty percent (50%) of the total floor area is
used for such purposes.
2.1(3) All other types of dwellings (as defined in Article III of this ordinance), mobile
home parks, apartments, planned unit developments, all commercial uses and all
industrial uses that are not specifically permitted, permitted on appeal, or permitted
by implication, are strictly prohibited.
2.1(4) Farming uses.
2.1(5) Accessory uses or structures customarily incidental to the above permitted uses.
2.1(6) Duplexes.
2.2
Uses Permitted on Appeal.
Churches and other places of worship, schools offering general education courses, public
parks and public recreational facilities, railroad rights-of-way, municipal, county, state, or
federal uses except storage facilities, cemeteries, philanthropic institutions and clubs,
except clubs the chief activities of which are customarily carried on as business, and any
other similar uses or structures subject to such conditions as the Spring Hill Board of
Zoning Appeals may require in order to preserve and protect the character of the district in
which the proposed use is located.
2.3
Uses Prohibited.
2.3(1) All other types of dwellings (as defined in Article III of this ordinance), mobile
home parks, apartments, planned unit developments, all commercial uses and all industrial
uses that are not specifically permitted, permitted on appeal or
permitted
by
implication are strictly prohibited.
2.4
Lot Area, Lot Width, Yards, and Building Area.
The principal structure or structures shall be located to comply with the following
requirements.
2.4(1)
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Lot Area, Lot Width, Rear and Side Yards.
Article VI – Provisions Governing Residential Districts
2.4(1.1)
Minimum lot area:
For single family ………………………………… 0.5 acres
For each additional family
5,000 sq.
ft.
2.4(1.2)
Minimum lot width at building line:
For residences ……………………………….…..…….. 90
feet
For institutional uses ……………………………..….. 250
feet
For other permitted uses …………………………...… 100
feet
2.4(2)
Yards.
Minimum rear yard …………………………………….. 30 feet
Minimum side yard:
For one or two story buildings ………………………… 15 feet
For three story buildings ………………………………..20 feet
Front yards:
All principal and accessory structures shall be set back from the right-of
way lines of streets the minimum distance shown below, according to their
classifications as indicated on the latest official municipal thoroughfare
plan.
Arterial Street …………………………………………. 50 feet
Collector Streets ………………………………………. 40 feet
Minor Streets ………………………………………….. 30 feet
__________
NOTE: All lots not served by sanitary sewer shall be a minimum of twenty thousand (20,000)
square feet or as may be required to meet requirements of the Maury County Health Department.
2.4(3)
Building Area.
On any lot, the area occupied by all structures, including accessory
structures, shall not exceed twenty-five percent (25%) of the total area.
Accessory structures shall not cover more than thirty percent (30%) of any
required rear yard.
2.5
Height.
Dwelling structures shall not exceed fifty (50) feet in height.
2.6
Location of Accessory Structures.
2.6(1)
With the exception of signs, accessory structures shall not be erected in any
required front or side yards.
2.6(2)
Accessory structures shall be located at least five (5) feet from all lot lines
and from any building on the same lot.
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Article VI – Provisions Governing Residential Districts
2.6(3)
On any corner lot adjoining in the rear another lot which is in a residential
district, no part of any accessory structure within twenty-five (25) feet of
the common lot line shall be nearer the side street line than the depth of any
required front yard for a dwelling along such side street.
Section 3. R-2 Residential District (Medium Density)
Intent: To provide a medium density, single-family residential environment having good access
to public water, schools and other community facilities, but well separated from heavy traffic and
other incompatible activities.
Within the R-2 Residential Districts, as shown on the municipal zoning map, the following shall
apply:
3.1
3.2
Uses Permitted.
3.1(1)
Single-detached dwellings.
3.1(2)
Residential planned unit developments.
Uses Permitted on Appeal.
3.2(1)
3.3
Uses Prohibited.
3.3(1)
3.4
Uses or structures permitted on appeal in R-1, Residential Districts.
All other types of dwellings (as defined in Article III of this ordinance),
mobile home parks, apartments, all commercial uses and all industrial uses
that are not specifically permitted, permitted on appeal, or permitted by
implication, are strictly prohibited.
Lot Area, Lot Width, Yards and Building Area.
The principal structure or structures shall be located to comply with the following
requirements:
3.4(1)
Lot Area, Lot Width, and Building Area.
3.4(1.1)
Minimum lot Area ..………………………......… 10,000 sq.
ft.
Minimum lot width at building line.............……………80
feet
Minimum rear yard..........…………………………........ 25
feet
Minimum side yard........…………………………......... 10
feet
3.4(2)
Front Yards.
All principal and accessory structures shall be set back from the right-ofway lines of streets the minimum distance shown below, according to their
classifications as indicated on the latest official municipal thoroughfare
plan.
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Article VI – Provisions Governing Residential Districts
Arterial Street............………………………………..... 50
feet
Collector Streets.............…………………………….... 40
feet
Minor Streets.............……………………………......... 30
feet
3.4(3)
Building Area.
The total building area shall not exceed thirty-five percent (35%) of the lot.
Accessory structures shall not cover more than thirty percent (30%) of any
required rear yard.
3.5
Height.
Principal structures shall not exceed fifty (50) feet in height.
3.6
Location of Accessory Structures.
3.6(1)
With the exception of signs, accessory structures shall not be erected in any
required front or side yard.
3.6(2)
Accessory structures shall be located at least five (5) feet from rear lot lines
and from any building on the same lot.
Section 4.
(R-3) Mobile Home Park Zone.
Intent. To provide land area for the development of mobile home parks where such population can
be adequately served by all community facilities.
Within the R-3 Mobile Home Park District, as shown on the municipal zoning map, the following
shall apply.
4.1
Uses Permitted.
4.1(1) Mobile Home Parks.
4.2
Uses Permitted on Appeal.
None.
4.3
Uses Prohibited.
All other types of dwellings (as defined in Article III of this ordinance), apartments, planned unit
developments, all commercial uses and all industrial uses that are not specifically permitted,
permitted on appeal or permitted by implication are strictly prohibited.
4.4
Development Standards.
4.4(1)
Site Conditions.
The mobile home park sites shall conform to the following provisions:
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Article VI – Provisions Governing Residential Districts
4.4(2)
4.4(1.1)
The park shall be located so as to minimize hazards from
objectionable smoke, noxious odors, unusual noise, the
possibility of subsidence, the probability of flood or erosion
or the probability of insect or rodent infestation.
4.4(1.2)
The condition of soil, groundwater level, drainage, rock
formations, and topography shall be such as not to create
hazards to the property or to the health and safety of the
occupants.
4.4(1.3)
A site plan as required in ARTICLE IV, GENERAL
PROVISIONS, Section 8, Materials to be Submitted for
Review, shall be submitted to and receive the approval from
the Planning Commission prior to the issuance of any
building permit.
Minimum Area.
The minimum area of a mobile home park shall be no less than five (5)
acres.
4.4(3)
Density.
The maximum overall density of dwellings within mobile home parks shall
not exceed four (4) per gross acre.
4.4(4)
Access.
Direct vehicular access to the mobile home park shall be provided by means
of an abutting improved public street or way and access to each mobile
home stand shall be by a permanently maintained private street or way
which is protected by a permanent easement. Sole vehicular access shall
not be by an alley.
4.5
Required Services and Facilities.
All of the following services and facilities shall be provided in mobile home parks in
accordance with the publication "Minimum Property Standards for Mobile Home Courts,"
in its current edition, as published by the U.S. Department of Housing and Urban
Development.
4.5(1)
Water Supply and Distribution System.
Each mobile home parks shall be served by a public water supply of
adequate quantity, quality and pressure. Adequate fire protection shall be
provided for each mobile home located within the park.
4.5(2)
Sewage Disposal.
Each and every mobile home within a mobile home park shall be served by
a central sewage collection and treatment system (as defined by this
ordinance).
4.5(3)
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Solid Waste Disposal System.
Article VI – Provisions Governing Residential Districts
Solid waste collection stands shall be provided for waste containers. Such
standards shall be so designed as to prevent containers from being tipped,
to minimize spillage and container deterioration, and to facilitate cleaning
around them.
4.5(4)
Service Buildings.
Service buildings housing sanitation and laundry facilities shall be
permanent structures complying with all applicable ordinance and statutes
regulating buildings, electrical installations, and plumbing and sanitation
systems.
4.5(5)
Recreation Area.
Adequate recreation facilities for the residents of the project shall be
provided in locations easily accessible to the living units and where they do
not impair the view and privacy of living units. Attractive outdoor sitting
areas shall be provided, appropriate in size, type, and number to the needs
of the residents. There shall be a minimum of one (1) recreation area for
every one-hundred (100) individual mobile home sites.
Well equipped playgrounds of adequate size and number shall be provided,
where it is anticipated that children will occupy the premises.
4.6
Street Width and Construction, Including Sidewalks.
4.6(1)
Streets.
All mobile home developments shall be provided with safe and convenient
vehicular access from abutting public streets or roads to each mobile home
lot. Such access shall be provided by streets, driveways, or other means.
4.6(2)
4.6(1.1)
Pavement Width - Pavements shall be a minimum of twentyfour (24) feet in width.
4.6(1.2)
Paving Required - All streets shall be paved with an allweather bituminous or concrete surface.
Walks.
All mobile home developments shall be provided with safe, convenient, all
season pedestrian accesses of adequate width for intended use. Sudden
changes in alignment and gradient shall be provided for. Within the mobile
home park, sidewalks shall be required on both sides of the streets.
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4.6(2.1)
Common Walk System. A common walk system shall be
provided and maintained between locations where
pedestrian traffic is concentrated. Such common walks shall
have a minimum width of three (3) feet.
4.6(2.2)
Individual Walks. All mobile home stands shall be
connected to common walks, streets, driveways, and parking
spaces by individual walks. Such individual walks shall
have a minimum width of two (2) feet.
Article VI – Provisions Governing Residential Districts
4.7
Yards.
Along the entire periphery of a mobile home park, yards meeting the basic requirement for
the zoning district in which the park is located shall be provided. Within the interior portion
of a mobile home park, no yards, except as required to meet other provisions of this section,
are required.
4.8
Spacing of Mobile Homes and Site Coverage.
Mobile homes shall be so harbored on each space that there shall be at least a thirty-five
(35) foot clearance between mobile homes; for mobile homes parked end-to-end, the endto-end clearance may be less than thirty-five (35) feet, but not less than twenty-five (25)
feet.
There shall be a minimum distance of ten (10) feet between the nearest edge of any mobile
home stand and an abutting interior street.
Mobile home standards shall not occupy an area in excess of twenty-five percent (25%) of
the respective lot area. The total area occupied by the mobile home and its accessory
structures shall not exceed fifty percent (50%) of the respective lot area.
4.9
The Individual Mobile Home Site.
4.9(1)
General.
The limits of each mobile home lot shall be marked on the ground by
suitable means. Location of lot limits on the ground shall be the same as
shown on accepted plans.
4.9(2)
Mobile Home Stands.
The mobile home stands shall be improved to provide adequate support for
the placement and tie-down of the mobile home. The stand shall not heave,
shift, or settle unevenly under the weight of the mobile home due to frost
action, inadequate drainage, vibration, or wind. In addition, such stand shall
comply with the publication, "Minimum Property Standards for Mobile
Home Parks," in its current edition, as published by the U.S. Department of
Housing and Urban Development.
4.9(3)
Outdoor Living Area.
Each mobile home lot shall be provided with an outdoor living and service
area. Such area shall be improved as necessary to assure reasonable privacy
and comfort. The minimum area shall not be less than three hundred (300)
square feet, with a minimum dimension of fifteen (15) feet.
4.10
Buffer and Screening.
A landscape Buffer Yard shall be provided along the perimeter of the site boundaries not
less than twenty-five (25) feet in width. No landscaped screen or fence shall be provided
within fifteen (15) feet of any vehicular entrance and/or exit to the park. (Changed by Ord.
07-30.)
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Article VI – Provisions Governing Residential Districts
Section 5.
(R-4) Residential District (High Density).
Intent: To accommodate relatively large numbers of dwelling units in relation to land area at
locations where large volumes of traffic can be safely handled; public schools, water, sewerage,
and other community facilities are readily available; and commercial services are within normal
walking distance.
Within the R-4 Residential Districts, as shown on the municipal zoning map, the following shall
apply:
5.1
5.2
5.3
Uses Permitted.
5.1(1)
Single-detached dwellings.
5.1(2)
Duplex dwellings.
5.1(3)
Townhouses.
5.1(4)
Condominiums, in accordance with Subsection 5.7 of this Article.
5.1(5)
Triplex dwellings.
5.1(6)
Quadruplex dwellings.
5.1(7)
Zero-lot line dwellings.
Uses Permitted on Appeal.
5.2(1)
Uses or structures permitted on appeal in R-1, Residential Districts.
5.2(2)
Rooming houses.
5.2(3)
Boarding houses.
Uses Prohibited.
5.3(1)
5.4
Mobile homes on individual lots, mobile home parks, planned unit
developments, apartments, all commercial uses and all industrial uses that
are not specifically permitted, permitted on appeal, or permitted by
implication, are strictly prohibited.
Lot Area, Lot Width, Yards and Building Area.
The principal structure or structures shall be located to comply with the following
requirements:
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Article VI – Provisions Governing Residential Districts
5.4(1)
Lot Area, Lot Width, and Building Area.
5.4(1.1)
For single-family, two family and three-family dwellings:
Minimum lot Area for single family ....…………… 6,000 sq. ft.
Minimum lot area for each additional family ………. 3,000 sq. ft.
Minimum lot width at building line ..…………….......... 40 feet
Minimum rear yard .......………………………………..... 25 feet
Minimum side yard:.....………………………………........ 5 feet
Minimum rear buffer yard:.....………………………….... 25 feet
(Changed by Ord. 07-30; 09-30.)
5.4(1.2)
For single multi-family buildings:
Minimum lot area for four-unit building ..….…...... 19,000 sq.
ft.
Minimum lot area for each additional dwelling unit, after first
four (4) and not to exceed
eighteen (18) units………………………….…….... 2,400 sq.
ft.
Minimum lot width at building line .……………........... 75
feet
Minimum rear yard ......………………………………...... 25
feet
Minimum side yard:
For one or two-story buildings ..………………............. 10
feet
Plus an additional five (5) feet for each additional story
Minimum rear buffer yard ……………………………...... 25
feet
(Changed by Ord. 07-30.)
5.4(2) Front Yards.
All principal and accessory structures shall be set back from the right-of-way lines
of streets the minimum distance shown below, according to their classifications as
indicated on the latest official municipal thoroughfare plan.
Arterial Street ............………………………………....... 50 feet
Collector Streets ......………………………………......... 40 feet
Minor Streets .......………………………………............. 30 feet
5.4(3) Building Area.
On any lot or tract containing a multi-family structure or structures, the area
occupied by all structures, including accessory structures, shall not exceed fifty
percent (50%) of the total area. On any other lot, the total building area shall not
exceed thirty-five percent (35%). Accessory structures shall not cover ore than
thirty percent (30%) of any required rear yard.
5.5
Height.
Principal structures shall not exceed fifty (50) feet in height.
5.6
Location of Accessory Structures.
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Article VI – Provisions Governing Residential Districts
5.6(1)
With the exception of signs, accessory structures shall not be erected in any
required front or side yard.
5.6(2)
Accessory structures shall be located at least five (5) feet from rear lot lines
and from any building on the same lot.
Section 5.
5.7
(R-4) Residential District (High Density).
Provisions for Multi-family Housing Development.
This procedure shall be used in the case of a multi-family project of two (2) or more
buildings to be constructed on a plot of ground not subdivided into the customary streets
and lots, and which will not be so subdivided, or where the existing or contemplated street
and lot layout make it impractical to apply the requirements of this ordinance.
5.7(1)
Procedure for Submission and Review.
The provisions of this section shall apply to properties which are, at the time
of application for approval, either:
(a)
Located within a zoning district wherein such use is currently
permitted, or
(b)
Proposed for location upon a site for which a change in the zoning
classification is proposed in order to allow such use.
Where a change in the zoning classification is required to permit such use,
the procedure set forth in Section 5.7(2) shall apply. Where the use is to be
located within a zoning district wherein such use is currently permitted, the
applicant may proceed under the provisions of Section 5.7(3).
5.7(2)
Board of Mayor and Aldermen Approval of a Site Plan
The provisions of this section shall apply to all requests for reclassifications
of property where the intended use is multi-family housing.
5.7(2.1)
Information Required. The applicant shall submit a site plan
application in accordance with development review process
of the Zoning Ordinance.
5.7(2.2)
Planning Commission Recommendation. (Chg by Ord 13-11)
The Planning Commission may:
5.7(2.3)
12 | P a g e
(a)
Recommend approval of the plan as submitted.
(b)
Recommend disapproval of the plan.
(c)
Recommend approval of the plan with conditions or
recommendations for alterations.
Action by Board of Mayor and Aldermen. (Changed by Ord
13-11)
Article VI – Provisions Governing Residential Districts
After review and recommendation by the Planning
Commission, the applicant may proceed to the Board of
Mayor and Aldermen with the proposal. At the meeting of
the Board where the proposal is presented, the site
development plan, along with the action recommended by
the Planning Commission shall be presented for review. The
Board may approve or disapprove the proposal, or in an
instance where the Planning Commission has recommended
approval with conditions or recommendations for
alterations, the Board may establish specific conditions
within the purview of this ordinance for approval. Upon
action by the Board approving the plan and the proposed
change in zoning classification, the applicant may proceed to
prepare and present to the Planning Commission a final site
development plan as set forth in Section 5.7(3) (below).
5.7(3)
Planning Commission Approval of a Site Plan.
The provisions of this section shall apply to all properties proposed for use
as sites for multi-family housing.
5.7(3.1)
Information Required. The applicant shall submit a site plan
application in accordance with the development review
process of the Zoning Ordinance.
5.7(3.2)
Review Procedure. (Changed by Ord 13-11)
The Planning Commission may, upon a finding of
substantial compliance (as set forth in Section 5.7(3.3)
(below):
5.7(3.3)
(a)
Approve the plan as submitted.
(b)
Disapprove the plan.
(c)
Approve the plan with modifications. In any
instance where a plan is approved with
modifications, the issuance of a use and
occupancy permit shall be conditioned upon
compliance with these modifications.
Determination of Substantial Compliance.
The final site development plan shall be deemed in
substantial compliance with the preliminary site
development plan, provided modifications by the applicant
do not involve changes which in aggregate:
13 | P a g e
(a)
Violate any provisions of this ordinance;
(b)
Involve any increase in the number of dwelling units
shown on the preliminary development plan;
(c)
Involve a reduction of more than five percent (5%)
of the area shown on the preliminary development
Article VI – Provisions Governing Residential Districts
plan as reserved for open space, including parking
areas;
(d)
5.7(4)
Increase the floor area proposed in the preliminary
development plan by more than five percent (5%).
Required Development Standards.
The following shall apply:
5.7(4.1)
5.7(4.2)
5.7(4.3)
Location.
(a)
The site shall comprise a single lot or tract of land,
except where divided by public streets.
(b)
The site shall abut a public street.
Density and Dimension.
(a)
The average number for dwelling units per acre of
buildable land, not including streets, shall not exceed
eighteen (18). Maximum buildable acreage shall
consist of seventy-five percent (75%) of the total
residentially zoned acreage available.
(b)
All yard requirements as established for the R-4,
Residential (High Density), districts are applicable.
Design.
(a)
(b)
5.7(4.4)
Public Street Access.
(a)
(b)
5.7(4.5)
The maximum grade on any drive shall be seven
percent (7%) unless an alteration is specifically
approved by the city engineer.
Where feasible, all drive intersections shall be at
right angles.
The minimum distance between access points along
public street frontage, centerline to centerline, shall
be two hundred (200) feet.
The minimum distance between the centerline of an
access point and the nearest curb line or street line of
a public street intersection shall be one hundred (100)
feet.
Required Improvements.
(a)
Internal Drives.
Specifications for drives in group housing
developments shall be the same as the roadway
specifications contained in the Spring Hill
Subdivision Regulations to which reference is hereby
made an incorporated herein by reference.
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Article VI – Provisions Governing Residential Districts
(b)
Utilities.
The development shall be served with utility systems
as deemed necessary by the appropriate City
Department.
(c)
Storage of Waste.
Any central refuse disposal area shall be maintained
in such manner as to meet City health requirements,
and shall be screened from view.
(d)
Service Building.
Service buildings housing laundry, sanitary, or other
facilities for use by occupants shall be permanent
structures complying with all applicable codes.
5.7(5)
Time Limits Upon Approval.
If no "actual construction" has begun in the development within three (3)
years from the date of approval of the final site development plan, said
approval of the final site development plan shall lapse and be of no further
effect. The Planning Commission, upon showing of good cause by the
applicant, may extend for periods of twelve (12) months, the time for
beginning construction.
5.7(6)
Minor Changes to an Approved Site Development Plan.
Minor modifications in the terms and conditions of the approved site
development plan may be made from time to time as provided herein. Any
proposed modification which is not permitted under these provisions may
be approved only as an amendment to the approved site development plan.
5.7(6.1)
Minor Modifications During Construction.
The building inspector may upon recommendation of the city
engineer approve minor modifications in the location, siting,
and configuration of buildings and structures if required by
engineering or other circumstances not foreseen at the time
the site development plan was approved so long as:
15 | P a g e
(a)
No modification violates any provision of this
ordinance.
(b)
No modification involves:
(1)
Any change in the uses permitted;
(2)
Any increase in the number of dwelling units
approved;
(3)
Any increase in building height (except
minor modifications in non-occupied
portions of the building);
Article VI – Provisions Governing Residential Districts
5.7(6.2)
(4)
Any decrease in the number of parking spaces
approved;
(5)
Any significant alteration in the approved
storm water drainage system;
(6)
Any significant reduction in any required
screening area of planting plan; and
(7)
Any reduction of a required vision clearance
area.
Violations.
Any modification which exceeds the minor changes
authorized herein shall be a violation of this Ordinance and
punishable as provided in Article XII.
Section 6.
R-5 Residential District (Apartments).
Intent: To accommodate apartment developments in relation to land area at locations where large
volumes of traffic can be safely handled, and where public schools, water, sewerage, and other
community facilities and commercial services are readily available.
Within the R-5 Residential Districts, as shown on the municipal zoning map, the following shall
apply:
6.1
Uses Permitted.
6.1(1)
6.2
Uses Permitted on Appeal.
6.2(1)
6.3
None.
Uses Prohibited.
6.3(1)
6.4
Apartments, in accordance with Subsection 5.7 of this Article.
All other types of dwellings (as defined in Article III of this ordinance),
mobile home parks, planned unit developments, all commercial uses and all
industrial uses that are not specifically permitted, permitted on appeal or
permitted by implication are strictly prohibited.
Lot Area, Lot Width, Yards and Building Area.
The principal structure or structures shall be located to comply with the following
requirements:
6.4(1)
Lot Area, Lot Width, and Building Area.
Minimum lot area for four-unit apartment ……………..….…....... 19,000 sq.
ft.
Minimum lot area for each additional dwelling unit,
after first four (4) and not to exceed
eighteen (18) units………………………………………….…….... 2,400 sq.
ft.
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Article VI – Provisions Governing Residential Districts
Minimum lot width at building line .……………………………….......... 75
feet
Minimum rear yard ......………………………………………………...... 25
feet
Minimum side yard:
For one or two-story buildings ..………………………………............. 10
feet
Plus an additional five (5) feet for each additional story
Minimum rear buffer yard ……………………………………………...... 25
feet
(Changed by Ord. 07-30.)
6.4(2)
Front Yards.
All principal and accessory structures shall be set back from the right-ofway lines of streets the minimum distance shown below, according to their
classifications as indicated on the latest official municipal thoroughfare
plan.
Arterial Street ............………………………………....... 50 feet
Collector Streets ......………………………………......... 40 feet
Minor Streets .......………………………………............. 30 feet
6.4(3)
Building Area.
On any lot or tract containing an apartment structure or structures, the area
occupied by all structures, including accessory structures, shall not exceed
fifty percent (50%) of the total area. On any other lot, the total building area
shall not exceed thirty-five percent (35%). Accessory structures shall not
cover more than thirty percent (30%) of any required rear yard.
6.5
Height.
Principal structures shall not exceed fifty (50) feet in height.
6.6
6.7
Location of Accessory Structures.
6.6(1)
With the exception of signs, accessory structures shall not be erected
in any required front or side yard.
6.6(2)
Accessory structures shall be located at least five (5) feet from rear
lot lines and from any building on the same lot.
Procedure for Submission and Review.
As regulated in Subsection 5.7 of this Article.
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Article VI – Provisions Governing Residential Districts
CITY OF SPRING HILL, TENNESSEE
Traditional Neighborhood Development Zoning
Ordinance
Article VI - Section 7. R-6 Traditional Neighborhood Development
Adopted By
City of Spring Hill, Tennessee
(As Amended, June 2007)
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Article VI – Provisions Governing Residential Districts
Table of Contents
Introduction to the Model Ordinance
Principles and Objectives of Traditional Neighborhood Development
Compact Development
Mixed Uses
Multiple Modes of Transportation
Responsive to Cultural and Environmental Context
7.1.
GENERAL PROVISIONS
1.1
Purpose
1.2
Applicability
7.2
DEFINITIONS
7.3
APPLICATION PROCEDURES AND APPROVAL PROCESS
3.1
Initial Conference
3.2
Master Plan
3.3
Site Plan
3.4
Amendments to the Site Plan
3.5
Subdivision of Land
3.6
Ownership and Maintenance of Public Space
3.7
Recording of Documents
7.4
TRADITIONAL NEIGHBORHOOD DEVELOPMENT DESIGN GUIDELINES
4.1
Neighborhood Uses
4.2
Development Units
4.3
Open Space
4.4
Storm Water Management
4.5
Lot and Block Standards
4.6
Circulation Standards
4.7
Architecture Standards
4.8
Landscaping and Screening Standards
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Article VI – Provisions Governing Residential Districts
Introduction to the Ordinance
The Traditional Neighborhood Development (TND) ordinance provides an alternative to the
conventional zoning ordinances and the planned unit development (PUD). The proposed TND must
be suitable for the proposed location as approved by the Planning Commission and Board of Mayor
and Aldermen. The TND will only be considered for approval if found to meet all required criteria of
the TND as outlined in this ordinance. The TND will only be considered and recommended for
consideration as evaluated by the City’s Planning and Codes Director, City Engineer, Planning
Commission and Board of Mayor and Aldermen. The proposed TND shall only be considered in a
location which will support this type of development in accordance with the City of Spring Hill’s Land
Use Map, Land Use Plan, Zoning Map, current growth and development patterns, impacts to
surrounding properties, existing utilities infrastructure, drainage patterns and traffic conveyance
patterns.
Principles and Objectives of Traditional Neighborhood Development
Smart growth defines traditional neighborhood development to mean: compact, mixed use neighborhood
where residential, commercial and civic buildings are within close proximity to each other. It is a
planning concept that is based on traditional small town and city neighborhood development
principles. Traditional neighborhood development is, in part, a reaction to the often inefficient use
of land and infrastructure and lack of a sense of community in many newer developments.
Traditional neighborhood developments are found in local middle Tennessee communities with
interest among consumers growing due to the sense of community. Traditional neighborhood
development is one of a variety of planning concepts that share similar themes. These developments
include neo-traditional development, new urbanism, urban villages, hamlets, compact
communities, transit-oriented development, pedestrian pockets, and the revitalization of existing
traditional towns. This ordinance draws upon a number of these models as to apply the concept for
the City of Spring Hill.
While there is no single model for a traditional neighborhood development, certain principles define
this type of development. Understanding the principles and objectives of traditional neighborhood
development is important in the process of developing a traditional neighborhood development
ordinance. This ordinance seeks to achieve the following principles:
Compact Development
Traditional neighborhood developments are compact. Compact development patterns (for both
residential and commercial uses), can promote a more efficient use of land and lower the costs of
providing public infrastructure and services.
Compact development also means the development is designed for the human scale. The human
scale is defined as “the relationship between the dimensions of the human body and the proportion
of the spaces which people use." This includes paying attention to walking distances, the height of
buildings, the design of street lights, signs, sidewalks and other features.
Compact development can also promote social interaction by including civic spaces such as parks
and public buildings. It also means residential, commercial, and civic buildings are within close
proximity of each other which will encourage people to walk between the various uses.
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Article VI – Provisions Governing Residential Districts
Mixed Uses
Traditional neighborhood developments are designed to include a mixture of uses. This means that
nonresidential land uses, such as commercial, civic and open space, are mixed with residential land
uses. Mix uses will also promote walking between the various uses. Different modes of
transportation are promoted in the community such as walking, bicycles, transit, and automobiles.
Mixed use also provides a community center or focus of the development. For example, the
community center may be a public facility such as a park, recreational facility, school, library, or it
may be a retail area. Mixed use also means promoting a mix of housing types and sizes to
accommodate households of all ages, sizes, and incomes. This means varying lot sizes and densities,
and allowing other types of housing such as attached single-family residences, townhomes, duplexes,
quadraplexes, and specialty housing for seniors. Mixed use may also mean that housing is provided
in the same building above commercial uses such as shops or offices.
Multiple Modes of Transportation
Traditional neighborhood developments provide for access generally by way of an interconnected
network of circulation systems that facilitate walking, bicycling, and driving. Streets are designed
to promote the safe and efficient use of different transportation modes. The interconnected
street pattern is meant to limit the use of isolated cul-de-sacs that force the major circulation pattern
of a community onto a few major roads. Short blocks in traditional grids create multiple routes and
more direct ones for pedestrians, bicyclists, and motorists. Independent networks of sidewalks and
bikeways complement the street network.
Traditional neighborhoods are also meant to be "pedestrian friendly." Given the compact design of
the neighborhood, streets may be narrower than what is required in conventional subdivision ordinances
since rear entrance alley ways are provided. Narrow streets and other "traffic calming" techniques can
help slow traffic down to promote pedestrian safety. Front porches and other amenities such as post
mounted street lights, decorative style sidewalks, street trees, and other features can also encourage
walking. The mixed uses of traditional neighborhood developments will also promote walking if shops,
offices, and public services and facilities are within walking distance.
Responsive to Cultural and Environmental Context
Significant cultural and environmental features of a site (amenities as well as constraints such as
tree/forested areas, ponds, lakes, streams, creeks, wetlands, steep slopes, critical wildlife areas, and highly
erodible soils) should influence the way the site is developed. Developments with a clear "sense of
place" require careful design and positioning of buildings, streets, and other infrastructure in
accordance with existing features of the land. This includes the provision of adequate open space,
neighborhood parks and playgrounds, amenities, walking trails, sidewalks, and centralized green space
pods. Environmentally responsive storm water management systems, the use of indigenous vegetation,
and energy conservation measures in the design and orientation of structures also help create
"sustainable developments." The existing landscape preservation, historic features and attributes, and
architectural character of the community are other important design influences.
Section 7.1
1.1
GENERAL PROVISIONS
Purpose: The purpose of this ordinance is to allow an optional development and
redevelopment of land located in a suitable and approved area located within the City of
Spring Hill consistent with the design principles of traditional neighborhoods. A
traditional neighborhood contains the following:
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Article VI – Provisions Governing Residential Districts
1. Is compact;
2. Is designed for the human scale;
3. Provides mix uses, including residential, commercial, civic, and open spaces in
close proximity to one another within the neighborhood;
4. Provides a mix of housing styles, types, and sizes to accommodate households of all ages,
sizes, and incomes;
5. Incorporates a system of somewhat narrower, interconnected streets with
sidewalks, bikeways, and transit paths that offer multiple routes for motorists,
pedestrians, and bicyclists and provides for the connections of those streets to existing
and future developments via greenways, open spaces, sidewalks, and roadways.
6. Retains existing buildings with historical features and significance or architectural features
of the area that enhance the visual character of the community;
7. Incorporates significant environmental features into the design that will utilize existing
land features;
8. Is consistent with the City of Spring Hill's Master Land Use Plan, Zoning Map,
Growth and Development Patterns and other tools used for the City’s Planning and
Growth evaluations.
1.2
Applicability: The traditional neighborhood development ordinance is an alternative set of
standards for compact residential and mix use developments within the City of Spring Hill.
The TND shall contain a minimum of 50 acres if it is to be a stand alone development. If
the proposed TND is contiguous to existing development, redevelopment or infill development
then the development shall contain a minimum of 25 acres. The planning commission shall
review each request for a TND and determine if the proposed development is suitable for the
requested location based on existing area zoning and uses, existing roadways and the ability to
properly transport proposed traffic volumes, existing sewer and water infrastructure, and other
items that may need to be considered to determine if the proposed development is suitable for
the proposed location.
7.2
DEFINITIONS
The following definitions shall be observed and applied, except when the context clearly
indicates otherwise. Words used in the present tense shall include the future tense. Words
used in the singular form shall include the plural form. Words used in the plural form shall
include the singular. The word "shall" is mandatory and the word "may" is permissive.
Accessory Building - a detached subordinate structure, the use of which is incidental to that
of the principal structure and located on the same lot.
ADT - average daily traffic volumes of vehicles on a street.
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Article VI – Provisions Governing Residential Districts
Affordable housing - means decent, safe, and sanitary living accommodations that are
affordable to lower income households and moderate income households, in accordance
with the following provisions.
a.
An owner-occupied housing unit is "Affordable" to a household if the unit's
expected sales price is reasonably anticipated to result in monthly housing costs
(including mortgage principal and interest payments, mortgage insurance costs,
homeowners' insurance costs, real estate taxes, and basic utility and energy costs)
that do not exceed 30% of the household's gross monthly income. Determination of
mortgage amounts and payments are to be based on down payment rates and interest
rates generally available to lower and moderate income households.
b.
A renter-occupied housing unit is "affordable" to a household if the unit's monthly
housing costs (including rent and basic utility and energy costs) do not exceed 30%
of the household's gross monthly income.
c.
A "lower income household" is a household with a gross income less than or equal
to 80% of the City’s median household income based on the latest U.S. Census.
Lower income households include both very low income households and low
income households. A "very low income household" is a household with a gross
income less than or equal to 50% of the City’s median household income based on
the latest U.S. Census. Therefore, a "low income household" is a household with a
gross income over 50% but less than or equal to 80% of the City’s median
household income based on the latest U. S. Census.
d.
A "Moderate income household" is a household with a gross income over 80%
but less than or equal to 150% of the City’s median household income based on
the latest U.S. Census.
e.
A household's "gross income" includes the income of all household members.
Alley - a public or private way permanently reserved as a secondary means of access to;
the abutting property, parking areas for the properties, and garages for the properties.
Arterial Street - a major street for carrying a large volume of through traffic and sometimes
controlled by traffic signs and signals.
Block - a unit of land bounded by streets or by a combination of streets and public land,
railroad rights-of-way, waterways, or any other barrier to the continuity of development.
Bubble Plan - a concept plan that primarily identifies proposed land uses and identifies the
general location of major public streets.
Building Height - the limit to the vertical extent of a building. The building height may be
prescribed as a maximum number of stories or as a dimension from the finished grade at
the building.
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Article VI – Provisions Governing Residential Districts
Building Scale - the relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding buildings. Mass is
determined by the three-dimensional bulk of a structure: height, width, and depth.
Building Setback, Front - the distance from the street right-of-way line to the closest point
of the foundation of a building or projection thereof.
Collector Street- a street designed to carry moderate volumes of traffic from local and minor
streets to arterial streets or from arterial to arterial.
Common Open Space - squares, green spaces, neighborhood parks, city parks, natural areas
and linear environmental corridors owned and/or maintained by the city or by a home
owners association.
Curb Radius - the curved edge of streets at an intersection measured at the outer edge of the
street curb or of the parking lane.
Live/Work – building structures or units which contain both designated residential living
spaces and working spaces. These spaces are to be designed as separate operable spaces.
Combined dual use spaces are not allowed. The quite enjoyment expectations of the
neighbors in the building or adjacent buildings take precedence over the work needs of the
building and structure containing the live/work spaces. Therefore, the predominant use of a
live/work unit is residential and commercial activities are considered the secondary use.
Lot - a parcel of land occupied or intended for occupancy by a use permitted in this
ordinance, including one main building, together with any accessory buildings, open spaces,
and parking spaces required by this ordinance and having its principal frontage upon a street
or upon an officially approved place.
Lot Line - the property lines bounding the lot.
Lot Width - the horizontal distance between side lot lines measured at the front setback.
Net acre - an acre of land excluding street rights-of-way, other publicly-dedicated
improvements such as parks, open space, stormwater detention and retention facilities,
steep sloped areas, and other unusable land areas.
Principal Building - a building in which the primary use of the lot on which the building is
located is conducted.
Queuing - the use of one travel lane on local streets with parking (usually an intermittent
parking pattern) on both sides.
Secondary Dwelling Unit - An additional dwelling unit located within the principal dwelling
on the lot, in a freestanding building or above a residential garage.
Story - a space in a building between the surface of any floor and the surface of the next floor
above, or if there is no such floor above, then the space between such floor, ceiling or roof.
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Article VI – Provisions Governing Residential Districts
Street - a strip of land, including the entire right-of-way, publicly or privately owned, serving
as a means of vehicular travel, and furnishing access to abutting properties, which may also be
used to provide space for sewers, public utilities, shade trees, and sidewalks.
Traditional Neighborhood - a compact, mixed use neighborhood where residential,
commercial and civic buildings are within close proximity to each other.
Work/Live – building structures or units which contain both designated working spaces and
residential living spaces. These spaces are to be designed as separate operable spaces.
Combined dual use spaces are not allowed. The needs of the work component take
precedence over the quiet enjoyment expectations of residents, in that there may be noise,
odors, or other impacts, as well as employees, walk-in trade or sales. The predominant use
of a work/live unit is commercial work activity, and the residence is considered the
secondary use.
7.3
APPLICATION PROCEDURES AND APPROVAL PROCESS
Prior to the issuance of any permits for development within a Traditional Neighborhood
Development, the following steps shall be completed according to the procedures outlined in
this section:
1. The
applicant
shall
have
had
an
initial
conference
with
staff;
2. A zoning map amendment application and request to rezone the property to
Traditional Neighborhood District will be required to be submitted to the Planning
Commission for review and recommendation to the Board of Mayor and
Aldermen.
3. The zoning request shall require public notification of the request Prior to the Planning
Commission reviewing the zoning map amendment request, signs shall be posted on the property
for which the application for the Traditional Neighborhood Development was made and for the
purpose of notice and comment of contiguous landowners and other concerned citizens regarding
the proposed development. The sign placement shall be consistent with other policies, procedures
and regulations within the City, existing at the time the application was filed and similar to those used
for annexation and rezoning.
4. Approval must be obtained from the Board of Mayor and Aldermen prior to further
procedures and submittals to the Planning Commission. The rezoning request shall
require that a General Implementation Plan accompany the request along with
adequate layouts, design features, elevation views of proposed residential and
commercial structures, amenities and restrictive covenants for the proposed
Traditional Neighborhood Development. The General Implementation Plan must
show all requested property uses within the proposed development.
3.1
Initial Conference. Before submitting an application for a Traditional Neighborhood
Development project to the Planning Commission for consideration, the applicant shall schedule
an appointment and meet with the City Planner and Codes Director, City Engineer, and City Staff
to discuss the procedure for approval of a Traditional Neighborhood Development project,
including
submittal
requirements
and
design
standards.
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Article VI – Provisions Governing Residential Districts
3.2
Master Plan
1. Master Plan Process: Following the initial conference, the applicant shall submit a Master
Plan to the City Planner and Codes Director together with an application for a zoning map
amendment request to a Traditional Neighborhood Development District.
a. The Planning Commission shall consider the application for zoning map amendment
for the development at its regularly scheduled meeting or a special scheduled meeting.
At this public meeting, the Planning Commission shall receive comments from
concerned citizens and from City staff. City staff shall provide specific comments for
modification recommendations. The Planning Commission shall make either of
the following recommendations to the Board of Mayor and Aldermen:
i. approval of the Master Plan and zoning map amendment;
ii. approval of the Master Plan and zoning map amendment with modifications; or
iii. not approving the Master Plan and zoning map amendment.
b. The Board of Mayor and Aldermen shall receive the recommendation from the
Planning Commission with a report of any conditions placed with the
recommendation. Upon due consideration, the Board of Mayor and Aldermen shall
either:
i. approve the Master Plan and zoning map amendment,
ii. approve the Master Plan and zoning map amendment with modifications, or
iii. deny the Master Plan and zoning map amendment.
2. Master Plan Submittal Requirements: The purpose of a master plan is to establish the
intent, densities allowed, and overall nature of the development. The Master Plan shall
include
the
following:
a. A general location map of suitable scale, but no less than one inch = 200 feet, which
shows the location of the property within the community and adjacent parcels
including locations of any public streets, railroads, major streams or rivers and other
major features within 1000 feet of the site.
b. A detailed analysis of existing site conditions including a site inventory and analysis
to identify site assets or resources, and constraints, including but not limited to
floodplains, wetlands, bedrock outcroppings, utility easements, electrical
transmission lines, steep slopes greater than 15%, existing forested or tree areas,
known environmentally listed areas and any other features that may exist which will
require protection during this development. Identify the location of proposed and
existing features with historical and/or archeological significance, existing
cemeteries (marked or unmarked), unique topographic features, lakes, water
bodies, streams, creeks, drainage ways, wetlands, rock outcroppings, existing trees
and shrubs to remain and to be removed, and any other significant features. Indicate
26 | P a g e
Article VI – Provisions Governing Residential Districts
all amenity buildings and features including green spaces, parks and community
buildings. All lots and land areas shall be designated for proposed use.
c. A preliminary land use plan (this may be achieved by a “bubble plan” indicating
the densities, types of use and examples of housing types for each development
parcel, specific indications on the parcel where future extensions will be made to
surrounding roadway systems).
d. A map showing adjacent uses and any inter-connectivity that will be made;
e. A map indicating the availability of utilities and their extensions;
f. Identification of the architectural style(s) of the Traditional Neighborhood
Development and the accompanying site design style(s). The design style of the
Traditional Neighborhood Development shall be conveyed with drawings or
computer simulations of typical proposed building elevations (including dimensions
of building height and width, and proposed perimeter façade materials to be used on
all exterior walls);
g. Any other information deemed necessary by the City in order to evaluate the plans.
3.3
Site Plan: The purpose of the Site Plan is to establish a detail development proposal for
each or a combination of, parcel(s) established in the Master Plan. The Site Plan can be
proposed, reviewed, and acted upon as whole or in part or phases.
1. Site Plan Process: Following approval of the Master Plan, the applicant shall submit a
Site Plan to the City Planner or Codes Director.
a. The Planning Commission shall receive comments from the City Staff with specified
recommended modifications concerning review of the Site Plan. The Planning
Commission shall review the proposed Site Plan and upon due consideration, the
Planning Commission shall recommend that the Board of Mayor and Aldermen either:
i. approve the Site Plan as being in conformance with the Master Plan;
ii. approve the Site Plan as being in conformance with the Master Plan with specified
modifications;
or
iii. deny
the
Site
Plan.
b. Following the Planning Commission recommendation, the Board of Mayor and
Aldermen shall receive the recommendation from the Planning Commission and any
conditional recommendation comments and upon due consideration, the Board of
Mayor and Aldermen shall either:
i. approve the Site Plan as being in conformance with the Master Plan;
ii. approve the Site Plan as being in conformance with the Master Plan with specified
modifications; or
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Article VI – Provisions Governing Residential Districts
iii. deny the Site Plan.
2. Site Plan Submittal Requirements. The applicant shall submit a series of plans, maps,
and written materials which include the following information:
a. A site inventory and analysis to identify site assets or resources, and constraints,
including but not limited to floodplains, wetlands, bedrock outcroppings, utility
easements, electrical transmission lines, steep slopes greater than 15%, existing
forested or tree areas, known environmentally listed areas and any other features that
may exist which will require protection during this development.
b. A conceptual site plan, at a scale of no less than one inch = 100 feet, which indicates
topography at two foot contours for sites with 15 feet or more of vertical relief, or one
foot contours for sites with less than 15 feet of vertical relief, consisting of a map
with proposed features and existing site features and uses that will remain. These
features should include building outlines, sidewalks, location of streets, bus stops,
drives and parking areas, pedestrian and bicycle paths, service access areas for receiving
material and trash removal, and other impervious surfaces. Identify the location of
proposed and existing features with historical and/or archeological significance,
existing cemeteries (marked or unmarked), unique topographic features, lakes,
water bodies, streams, creeks, drainage ways, wetlands, rock outcroppings,
existing trees and shrubs to remain and to be removed, and any other significant
features. Indicate all amenity buildings and features including green spaces, parks and
community buildings. All lots and land areas shall be designated for proposed use.
c. A site plan, including proposed topographic contours at one foot intervals, with the
following information:
i. the location of proposed structures and existing structures that will remain, with
height
and
gross
floor
area
noted;
ii. the location of street and pedestrian lighting, including lamp intensity and height;
iii. the
location
of
proposed
open
space;
iv. the circulation system indicating pedestrian, bicycle, and motor vehicle movement
systems, including existing and proposed public streets or right-of-ways; bus stops;
easements or other reservations of land on the site; the location and dimensions
of existing and proposed curb cuts, off-street parking and loading spaces, include
service access for receiving and trash removal; sidewalks and other walkways;
v. location of all existing trees, shrubs, and ground cover proposed to be removed
and all proposed trees, shrubs and ground cover proposed to be installed as part of
the development.
d. A storm water management plan for the site. The grading plan shall show existing and
proposed ground elevations with contours (one-foot contour interval) and spot
elevations at significant high points, low points, and transition points. The grading
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Article VI – Provisions Governing Residential Districts
plan shall show existing floodplain boundaries and floodways with elevations. The
grading plan shall also note the finished ground floor elevations of all buildings. The plan
shall also show the locations of all storm drainage sewers and structures, and infiltration
or detention/retention structures; and all wetlands on the site, using the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, and copies of documents
completed in making the wetlands identification.
e. Detailed elevations of all proposed commercial buildings and typical elevations of
residential buildings. Scaled elevations should identify all signs, building materials and
percentage of ground floor commercial facade in windows; the location, height and
material for screening walls and fences, including outdoor trash storage areas,
electrical, mechanical and gas metering equipment, storage areas for trash and
recyclable materials, and rooftop equipment and proposed parapet walls screening.
f. A utilities plan showing underground and above ground lines and structures for
water distribution potable water lines and fire protection lines, sanitary sewers,
electricity, gas, telecommunications, cable television, etc.
g. A written report which completely describes the proposal and indicates covenants or
agreements that will influence the use and maintenance of the proposed development.
The report also shall describe the analysis of site conditions and the development
objectives.
h. Phasing plans, where more than one phase for the development is proposed.
i. Any other information deemed necessary by the Planning Commission and/or Board
of mayor and Aldermen in order to evaluate plans.
3.4
Amendments to the Site Plan: Minor changes to the Site Plan adopted by the Board of
Mayor and Aldermen may be approved by the Planning Department and City Staff, provided
that the changes do not involve:
1. Increases or decreases in floor area of structures or number of
dwelling units.
2. Change in exterior building material.
3. Alteration of any conditions attached or modification to the Site Plan made by the Board
of Mayor and Aldermen.
4. A major change to the Site Plan which is less restrictive than any conditions of approval
for the initial Site Plan, shall require approval by a majority vote of all members of the
Board of Mayor and Aldermen.
3.5
Subdivision of Land: If the Traditional Neighborhood Development involves the
subdivision of land as defined in the City’s subdivision regulations then the applicant is to submit
the required land division documents in accordance with the requirements of the subdivision
regulations and zoning ordinance. If there is a conflict between the City’s Design Review
Standards and the design guidelines of this ordinance, the provisions of the more stringent
will.
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Article VI – Provisions Governing Residential Districts
3.6
Ownership and Maintenance of Public Space and Facilities: A home owner’s association
(HOA) shall be responsible for the maintenance of squares, parks, open spaces, amenities
areas and other designated public spaces in a Traditional Neighborhood Development.
Should the development not contain a home owner’s association then a third party
maintenance group set up by the developer shall maintain the above described components.
The maintenance of landscaping, irrigation, park components and other items located within
the open spaces shall also be the responsibility of either the HOA or the third party
maintenance group. Upon acceptance by the City, of the public infrastructure system (streets,
sanitary sewer, water distribution system and storm drainage components) the City will
maintain those components. The City will not be responsible for maintenance of the open
ditches, swales, detention basins, retention basins or water features. These components shall
be maintained by either the HOA or the third party maintenance group, depending on which
method the TND will be set up for ongoing maintenance.
2.7
Recording of Documents: The following documents need to be filed by the applicant in the
County Register of Deeds Office within 14 days after approval of the document by the
Board of Mayor and Aldermen:
1. A certified copy of the zoning ordinance amendment designating a tract of land as a
Traditional Neighborhood Development.
2. The site plan.
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Article VI – Provisions Governing Residential Districts
7.4
TRADITIONAL NEIGHBORHOOD DEVELOPMENT DESIGN STANDARDS
4.1
Neighborhood Uses: In order to achieve the proximity necessary to make neighborhoods
walkable, it is important to mix land uses. A traditional neighborhood development should
consist of a mix of residential uses, a mixed use area, and open space as provided below:
1. Mix of residential uses of the following types can occur anywhere in the traditional
neighborhood development. For infill development, the mix of residential uses may be
satisfied by existing residential uses adjacent to the Traditional Neighborhood
Development.
a. Single-family detached dwellings;
b. Single-family attached dwellings, including duplexes, townhouses, and row houses;
c. Multifamily dwellings, including senior housing;
d. Secondary dwelling units such as in-law or granny flats;
e. Special needs housing, such as community living and assisted living facilities.
2. Mixed use area, of commercial, residential, civic or institutional, and open space uses as
identified below. All residents should be within approximately ¼ mile or a 5 minute
walk is recommended from existing or proposed commercial, civic, and open space
areas. We are aware that in some instances due to irregular land formations this
distance can be varied and shall be subject to the Board of Mayor and Board of
Aldermen’s discretion.
a. Commercial uses.
i. Food services (neighborhood grocery stores; butcher shops; bakeries;
restaurants, not including drive-throughs; cafes; coffee shops; neighborhood
bars or pubs);
ii. Retail uses (florists or nurseries; hardware stores; stationery stores; book
stores; studios and shops of artists and artisans);
iii. Services (day care centers; music, dance or exercise studios; offices, including
professional and medical offices; barber; hair salon; dry cleaning)
iv. Accommodations (bed and breakfast establishments, small hotels or inns).
v. Work/Live uses and lofts for use such as artists, photographers and other
approved studio type uses.
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Article VI – Provisions Governing Residential Districts
Figure 1. Plan-view conceptual diagrams of neighborhood commercial service areas
(hexagons). Each hexagon represents a neighborhood with a mixed-use center (dot) that
is within a five-minute walking distance of the neighborhood’s edge. Clusters of
neighborhoods (larger hexagon) can support more extensive commercial development than
individual neighborhoods. The appropriate amount of commercial uses within a
traditional neighborhood development depends on the location, or community context, of
the new development (darker shaded hexagon).
b. Residential
uses.
i. Single-family attached dwellings, including duplexes, townhouses, row houses; ii.
Multifamily dwellings, including senior housing;
iii. Residential units located on upper floors above commercial uses or to the rear
of storefronts;
iv. "Live/work" units that combine a residence and the resident's workplace;
v. "Special needs" housing, such as community living arrangements and assisted
living facilities.
c. Civic or institutional uses.
i. Municipal offices, fire stations, libraries, museums, community meeting
facilities, senior citizens center and post offices;
ii. Transit shelters;
iii. Places of worship;
iv. Educational facilities.
d. Open space uses.
i. Central square;
32 | P a g e
Article VI – Provisions Governing Residential Districts
ii. Neighborhood park;
iii. Playground;
iv. Amenities;
v. Greenways;
vi. Natural areas;
vii. Educational nature areas;
Figure 2. Elevation sketch of a typical "streetscape" within a mixed-use area. Architectural
design, street furniture, and landscaping all contribute to an attractive, human-scaled
environment with a distinct visual character.
3. Open space uses identified below should be incorporated in the traditional neighborhood
development as appropriate noting that large outdoor recreation areas should be located
at the periphery of neighborhoods rather than central locations.
a. Environmental corridors;
b. Protected natural areas;
c. Community parks;
d. Nature trails and watch areas
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Article VI – Provisions Governing Residential Districts
Figure 3. Plan-view diagram illustrating the importance of context in planning public open
space. Large, contiguous open spaces are community-wide resources with environmental,
aesthetic, recreational, and educational benefits. Smaller parks and open spaces (asterisk)
should be located in neighborhoods (hexagons) that are not within easy walking distance
of community parks and open space.
4.2
Development Units: The number of residential dwelling units and the amount of
nonresidential development (excluding open spaces, parks, community centers, amenities
and non-useable land such as right-of-ways, floodways and detention areas) shall be
determined as follows:
1. In areas devoted to mixed residential uses:
a. The number of single-family detached units permitted shall be no more than 6
dwelling units per net acre;
b. The number of single-family attached units permitted shall be no more than 10 dwelling units
per net acre.
c. The number of multi-family units shall be no more than 16 dwelling units per net
acre;
d. Secondary Dwelling Units permitted to be used as home offices, bonus rooms or
apartments for family members.
2. In areas devoted to mixed use:
a. The number of single-family and multi-family dwelling units permitted shall be
calculated the same as above plus an additional number of units not to exceed 10
percent of the amount permitted above.
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Article VI – Provisions Governing Residential Districts
b. All dwelling units constructed above commercial uses shall be permissible in addition
to the number of dwelling units authorized under this section. However, the total
number of dwelling units over commercial uses shall not be increased by more than 10
dwelling units or 10 percent, whichever is greater.
c. The total useable land area of nonresidential development uses, including off-street
parking areas, shall not exceed 25 per cent of the traditional neighborhood
development.
3. Permissible dwelling unit bonuses:
a. For each two affordable housing units provided under this section, one additional
dwelling unit shall be permitted. The affordable housing dwelling units provided in
the development to obtain bonus units shall not be unbalanced. The affordable housing
shall contain a balance of low income households as well as moderate income
households.
b. For each 500-feet of asphalt paved walking trail (minimum 8-feet wide), above the
base footage of 3,000 linear feet, an additional one unit will be allowed within the
development. Therefore, as an example, if 4,500 linear feet of walking trail is
proposed an additional 3 bonus units are allowed.
c. For each acre of school property dedicated by the developer, approved by the City of
Spring Hill and accepted by the County School Board, an additional 3 residential
units will be allowed. This dedication of land shall be approved by the City’s
Governing Body prior to dedication to the County School Board. The dedicated land
will be excluded from all density calculations however, as described above, an
additional 3 units shall be allowed for every useable acre of land proposed and
accepted for dedication. Land dedication for school purposes must be useable land
in a combined and adjoined quantity as to allow construction of a school building
and adequate facilities. Proposed small parcels of land will not be considered for
dedication.
The maximum number of permissible bonus dwelling units allowed as described
above will be such that the additional density does not exceed an additional 20% of
the maximum densities allowed for each classification as described in Section 4.2,
paragraph 1, subsections a, b, and c.
4.3
At least 25 percent of the gross acreage of the Traditional Neighborhood Development must be
open space. Open space may include areas such as steep slopes, wetlands and floodplain areas
(as approved by the Planning Commission), parks, recreational areas and amenity areas. The
aforementioned 25 percent may be reduced to 20 percent and you may include detention areas,
floodways and water bodies in that percentage so long as the development provides a functional
open space plan such as pedestrian walkway systems, nature interpretive areas, rain gardens,
wetland plantings, wildlife habitat preservation and so forth as approved by the Planning
Commission. This programmed open space will be a part of the homeowners’ association
responsibility and shall be programmed and maintained in perpetuity.
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Article VI – Provisions Governing Residential Districts
4.4
Storm Water Management. The design and development of the traditional neighborhood
development should minimize off-site stormwater runoff, promote on-site filtration, and
minimize the discharge of pollutants to ground and surface water. Natural topography and
existing land cover should be maintained and protected to the maximum extent practicable.
New development and redevelopment shall meet the following requirements:
1. Untreated, direct stormwater discharges to wetlands or surface waters are not allowed
in accordance with the City’s National Pollution Discharge Elimination System
(NPDES) Permit for Municipal Separate Storm Sewer System (MS4).
2. Post development peak discharge rates should not exceed pre-development peak rates in
accordance with the City’s Stormwater Drainage Requirements and Guidelines
ordinance.
3. Erosion and sediment controls must be implemented to prevent sediment and
suspended solids from leaving the development site and entering waters of the State.
4. Redevelopment storm water management systems should improve existing conditions and
meet current stormwater drainage requirements and standards.
5. All storm water treatment systems and Best Management Practices (BMPs) must have
operation and maintenance plans to ensure that systems function as designed. The
homeowner’s association or third party maintenance entity (as describe in the restrictive
covenants) shall be responsible for operation and maintenance of these components.
4.5
Lot and Block Standards.
1. Block and lot size diversity: Street layouts should provide for perimeter blocks that are
generally in the range of 200-400 feet deep by 300-800 feet long. A variety of lot sizes
should be provided to facilitate housing diversity and choice and meet the requirements
of people with different housing needs.
2. Lot Widths: Lot widths should create a relatively symmetrical street cross section that
reinforces the public space of the street as a simple, unified public space. The range of
minimum lot widths for single detached homes shall be 30 feet to 120-feet. The range of
lot widths for zero lot line or attached townhomes shall be 22 feet to 34 feet. Proportional
mixture of lot widths shall be provided as not to concentrate on the amount of density
allowed within the development but to provide a proportional diversity of housing
options.
3. Front Building Setback (Mixed Use Area): Structures in the mixed use area (with
upper level work/live units) shall have a minimum front setback of 15-feet.
Commercial, civic or institutional buildings that do not have upper level living units
should abut the sidewalks and the front street right-of-way line.
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Article VI – Provisions Governing Residential Districts
Figure 4. Plan-view diagrams showing two alternatives for building setbacks from the street right-of-way in
mixed-use areas. Relatively uniform setbacks are preferable to widely varying building setbacks. If varying
setbacks are used, they shall be used to create interesting spaces, enhance opportunities for landscaping, and
so forth.
4. Front Building Setback (Mixed Residential Uses): Single-family detached residences
shall have a building setback in the front ranging from 10-25 feet. Single-family
attached residences and multifamily residences shall have a building setback in the
front ranging from 10-15 feet.
5. Rear Building Setback (Mixed Residential Uses): The principal building on
lots devoted to single-family detached residences shall contain a rear setback no less
than 25 feet from the rear lot line.
6. Side Setbacks: Single family detached residential units shall have a minimum side
setback of 5-feet. Zero lot-line or single-family attached units shall have a provision
that all dwellings have pedestrian access to the rear yard through means other than the
principal structure. This may be accomplished by means of an ingress/egress easement
between the structures and/or by means of rear alley entry to the structures.
Figure 5. Plan-view diagram of a zero-lot line concept that would allow ingress/egress to
the rear of the structures. A large side-yard on each parcel is created by uniformly
eliminating one of the side-yard setbacks.
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Article VI – Provisions Governing Residential Districts
4.6
Circulation Standards: The circulation system shall allow for different modes of
transportation. The circulation system shall provide functional physical and visual links
within the residential areas, mixed use area, and open space of the traditional neighborhood
development. The circulation system shall be connected to existing, proposed and possible
future external developments. The circulation system shall provide: adequate traffic
capacity; provide connected pedestrian and bicycle routes (off street bicycle or multi-use paths
or on street bicycle lanes); control through traffic; limit lot access to streets; and promote safe
and efficient mobility through the traditional neighborhood development.
1. Pedestrian Circulation: Convenient pedestrian circulation systems that minimize
pedestrian-motor vehicle conflicts shall be provided continuously throughout the
Traditional Neighborhood Development. Where feasible, any existing pedestrian routes
through the site shall be preserved and enhanced. All streets, except for alleys, shall be
bordered by sidewalks on both sides in accordance with the specifications listed below in
Table 1. The following provisions also apply:
a. Sidewalks in residential areas. Clear and well-lighted sidewalks, minimum of 5-feet
in width (wider sidewalks may be required due to the projected pedestrian traffic) shall
connect all dwelling entrances to the adjacent public sidewalk.
b. Sidewalks in mixed use areas. Clear and well-lighted walkways shall connect building
entrances to the adjacent public sidewalk and to associated parking areas. Such
walkways shall be a minimum of 5-feet in width.
c. Disabled Accessibility. Sidewalks shall comply with the applicable requirements of
the Americans with Disabilities Act (ADA) standards.
d. Crosswalks. Intersections of sidewalks with streets shall be designed with clearly
defined edges. Crosswalks shall be well-lighted and clearly marked with contrasting
paving materials (such as stamped paving or walkway pavers) at the edges.
Thermoplastic striping may also be considered as an alternate method.
2. Bicycle Circulation: Bicycle circulation shall be accommodated on streets and/or on
dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall
be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle
paths (generally shared with pedestrians and other non motorized users.) Separate
bicycle lanes, combined with separate on-street parking lanes shall be discouraged as
they do not meet the intent of the Traditional Neighborhood District. Narrow streets
shall be encouraged and will act as a primary traffic-calming method that will
naturally slow traffic making a separate bike lane unnecessary on a local street.
3. Public Transit Access: Where public transit service is available or planned, convenient
access to transit stops shall be provided. Where transit shelters are provided, they shall be
placed in highly visible locations that promote security through surveillance, and shall be
well-lighted.
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Article VI – Provisions Governing Residential Districts
4. Motor Vehicle Circulation: Motor vehicle circulation shall be designed to minimize
conflicts with pedestrians and bicycles. Traffic calming features such as "queuing
streets," curb extensions, traffic circles/round-a-bouts, and medians may be used to
encourage slow traffic speeds.
a. Street Hierarchy: Each street within a traditional neighborhood development shall be
classified according to the following (arterial streets should not bisect a traditional
neighborhood development):
i. Collector: This street provides access to commercial or mixed-use buildings,
but it is also part of the City's major street network. On-street parking, whether
diagonal or parallel, helps to slow traffic. Additional parking is provided in lots
to
the
side
or
rear
of
buildings.
ii. Subcollector: This street provides primary access to individual residential
properties and connects streets of lower and higher function. Design speed is 20
mph.
iii. Local Street: This street provides primary access to individual residential
properties. Traffic volumes are relatively low, with a design speed of 20 mph.
iv. Alley: These streets provide secondary access to residential properties where
street frontages are narrow; where front driveway or on street parking is not
provided; and where limited driveway cuts are proposed. The alley access
development is desired where increased residential densities are requested. Alleys
may also provide delivery access, solid waste pickups or alternate parking access
to commercial properties.
b. Street Widths: A goal of traditional neighborhood developments is to allow narrower
streets than what is required in the City’s subdivision regulations. Narrow streets and
other traffic calming techniques help slow traffic down to promote pedestrian safety.
Street widths may utilize a concept called "queuing"; the use of one travel lane on
local streets with parking (usually an intermittent parking pattern) on both sides.
Table 1: Attributes of Streets in a Traditional Neighborhood Development
Collector
Subcollector
Local Street
Average Daily
Trips
Right-of-Way
(F) Auto travel
lanes
(E) Bicycle lanes
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Alley
750 or more
750-1500
Less than 250
Not applicable
60-80 feet
Two or three 12
feet lanes
50-60 feet
Two 11 feet lanes
35-50 feet
Two 11 feet
lanes, or one 14
feet (queuing)
lane
12-16 feet
Two 9 feet lanes
for two-way
traffic, or one 12
feet lane for oneway traffic
Two 6 feet lanes
combined with
parking lanes
4 feet lanes with no
parking, or 6 feet
lanes combined with
parking lanes
None
None
Article VI – Provisions Governing Residential Districts
(D) Parking
Both sides, 11-feet
None, one, or both
sides, 11-feet
None or one
side, 11-feet
Curb and gutter
Required
Required
Required
None (access to
individual drives &
garages outside
right-of-way)
None
(C) Planting
strips
(B) Sidewalks
Minimum 6-feet
Minimum 6-feet
Minimum 6 feet
None
Both sides, 5-feet
minimum
Both sides, 5- feet
minimum
Both sides,
5-feet
None
Letters (B), (C), (D), (E) and (F) in Table 1, reference the areas noted in Figures 6a, 6b and 6c
Street Schematic Sketches.
Figure 6a. Schematic sketch of a typical local street cross-section: A) building setback
from street right-of-way; B) sidewalk/walkway; C) planting area; F) travel lane.
Figure 6b. Schematic sketch of a typical sub-collector street cross-section: A) building
setback from street right-of-way; B) sidewalk/walkway; C) planting area; E) bicycle lane;
F) travel lane.
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Article VI – Provisions Governing Residential Districts
Figure 6c. Schematic sketch of a typical collector street cross-section: A) building
setback from street right-of-way; B) sidewalk/walkway; C) planting area; D) parking lane;
E) bicycle lane; F) travel lane.
c. Street Layout: The traditional neighborhood development should maintain the
existing street grid, where present, and restore any disrupted street grid where
feasible.
In
addition:
i. Intersections shall be at right angles whenever possible, but in no case less than
75 degrees. Low volume streets may form three-way intersections creating an
inherent right-of-way assignment (the through street receives precedence) which
significantly reduces accidents without the use of traffic controls.
ii. Corner radii: The roadway edge at street intersections shall be rounded by a
tangential arc with a maximum radius of 20-feet for local streets and 25-feet for
intersections involving collector or arterial streets. The intersection of a local
street and an access lane or alley shall be rounded by a tangential arc with a
maximum radius of 15-feet. Reducing the radius of street corners slows turning
vehicle
traffic
and
shortens
pedestrian
crosswalks.
iii. Curb cuts for driveways to individual residential lots shall be prohibited along
arterial streets. Curb cuts along collector roads shall be limited as to allow through
flow traffic as much as possible. Curb cuts shall be limited to intersections with
other streets or access drives to parking areas for commercial, civic or multifamily
residential uses. Sight distances in accordance with the City of Spring Hill’s
Subdivision
Regulations
will
be
maintained.
iv. The orientation of streets should: enhance the visual impact of common open
spaces and prominent buildings; create lots that facilitate passive solar design; and
minimize street gradients. All streets shall terminate at other streets or at public
land, except local streets may terminate in stub streets when such streets act as
connections to future phases of the development. Local streets may terminate
other than at other streets or public land when there is a connection to the pedestrian
and bicycle path network at the terminus.
d. Parking requirements. Parking areas for shared or community use should be
encouraged. In addition:
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Article VI – Provisions Governing Residential Districts
i.
In the mixed use area, parking lots or spaces shall be located at the rear, side, or
front of the buildings. However, front parking shall be kept at a minimum as to
allow for only one double-bay (61 feet deep for two rows of cars with a travelway).
The rest of the parking shall be located at the side or rear of the building.
ii. A parking lot or garage may not be adjacent to or opposite a street intersection.
iii. In the mixed use area, a commercial use must provide one parking space for
every 250 square feet of gross building area.
iv. Parking lots or garages must provide not less than one bicycle parking space for
every 10 motor vehicle parking spaces.
v. Adjacent on-street parking may apply toward the minimum parking requirements.
vi. In the mixed residential areas, parking may be provided on-site. One off-street
parking space with unrestricted ingress and egress shall be provided for each
secondary dwelling unit.
vii. Multi - family uses must provide one parking space for every dwelling unit and
0.5 parking space for each additional bedroom. Example: each 3 bedroom unit
would require 3 parking spaces.
Figure 7. Aerial perspective sketch of a mixed-use area integrating commercial (ground floor)
and residential (second story) uses. A relatively narrow gap in the continuous street wall
(created by the mixed-use buildings) provides access from the street to a landscaped,
pedestrian-friendly parking lot.
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Article VI – Provisions Governing Residential Districts
e. Service access. Access for service vehicles should provide a direct route to service
and loading dock areas, while avoiding movement through parking areas.
f. Paving. Reduction of impervious surfaces through the use of interlocking pavers is
strongly encouraged for areas such as remote parking lots and parking areas for
periodic uses.
4.7
Architectural Standards. A variety of architectural features and building materials is
encouraged to give each building or group of buildings a distinct character. A goal of
traditional neighborhood development is that it is compact. Compact development in
part means the development is designed for the human scale. This emphasis on design
includes being sensitive to walking distances, the height of buildings, the design of street
lights and signs, sidewalks, and other features.
1. Guidelines for Existing Structures
a. Existing structures, if determined to be historic or architecturally significant by the
Planning Commission, Historic Register, or State Archives shall be protected from
demolition or encroachment by incompatible structures or landscape development.
b. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic
Properties shall be used as the criteria for renovating historic or architecturally
significant structures.
c. Guidelines for new structures within a Traditional Neighborhood Development
must be responsive to the community context. An architectural inventory of
existing architectural styles in the community may be required by the Planning
Commission to determine if any styles should be replicated. Architectural features
and exterior materials must meet the City of Spring Hill’s Design Review
Guidelines and the recommendations of the Planning Commission.
2. Guidelines for New Structures
a. Height. New structures within a Traditional Neighborhood Development shall be not
exceed a standard 3 story structure for any structures including single-family residential,
mixed residential use, commercial, multi-family residential, or mixed use.
Figure 8. Schematic sketch front elevation of a mixed-use streetscape. To create a
visually unified "streetwall," buildings should be no more than 30% taller or 30%
shorter than the average building height on the block.
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Article VI – Provisions Governing Residential Districts
b. Entries and Facades
i.
The architectural features, materials, and the articulation of a façade of a
building shall be continued on all sides visible from a public street or sidewalk.
ii.
The front facade of the principal building on any lot in a Traditional
Neighborhood Development shall face onto a public street.
iii.
The front facade shall not be oriented to face directly toward a parking lot.
iv.
Porches, pent roofs, roof overhangs, hooded front doors or other similar
architectural elements shall define the front entrance to all residences.
v.
For commercial buildings, a minimum of 50 percent of the front facade on the
ground floor shall be transparent, consisting of window or door openings
allowing views into and out of the interior.
vi.
New structures on opposite sides of the same street should follow similar design
guidelines. This provision shall not apply to buildings bordering civic uses.
Figure 9. Schematic elevation sketches of two multi-storied buildings with equal heights and
widths. Architectural details such as porches, windows, and roof dormers "articulate" a
building's facade (right) which enhances visual quality and contributes to a human-scaled
development.
3. Guidelines for garages and secondary dwelling units. Additional garages and/or a
secondary dwelling unit may be placed on a single-family detached residential lot provided
that the secondary dwelling unit or garage shall not exceed 800 square feet.
4. Guidelines for exterior signage. A comprehensive sign program is required for the
entire Traditional Neighborhood Development which establishes a uniform sign theme.
Signs shall share a common style (e.g., size, shape, material). In the mixed use area, all
signs shall be wall signs or cantilever signs. Cantilever signs shall be mounted
perpendicular to the building face and shall not exceed 8 square feet. These
recommendations shall not supersede the City of Spring Hill’s existing sign ordinance.
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Article VI – Provisions Governing Residential Districts
5. Guidelines for fire sprinkler systems. Proposed and existing structures located within
a Traditional Neighborhood District shall meet all requirements as outlined in the
“Automatic Fire Sprinkler System” ordinance located within Article IV “General
Provisions” of the City’s Municipal Zoning Ordinance.
6. Guidelines for lighting.
a. Street lighting shall be provided along all streets. Generally more, smaller lights, as
opposed to fewer, high-intensity lights, should be used. Street lights shall be installed
on both sides of the street at intervals of no greater than 80 feet. Street lighting design
shall meet the minimum standards developed by the Illumination Engineering Society.
b. Exterior lighting shall be directed downward in order to reduce glare to adjacent
properties.
c. All proposed lighting shall be designed as to remain onsite and shall meet zero footcandle intensity at the boundary of the proposed development.
7. Guidelines for other requirements. All other zoning and subdivision regulations,
requirements, guidelines, procedures and recommendations not specifically outlined
and/or described herein, shall be applicable to the Traditional Neighborhood
Development and in accordance with the City’s Subdivision Regulations and Zoning
Ordinance.
4.8
Landscaping and Screening Standards. Overall composition and location of
landscaping shall complement the scale of the development and its surroundings. In general,
larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected
areas. Where screening is required by this ordinance, it shall be at least 5 feet in height and
of adequate width, unless otherwise approved by the Planning Commission. Planted
screening shall be a mixture of planting species that does not lose its screening ability during
the fall and winter months. Required screening shall be satisfied by one or some combination
of: a metal wrought iron style decorative fence behind a continuous landscaped area; a brick
wall; stacked stone wall; field stone wall; or a wall constructed of an approved masonry
material. Landscaped entrances, buffers and enhancements shall be constructed as to provide
an additional and attractive feature to the area. Unattractive minimum landscaping features
and buffers will not be allowed.
1. Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or
fraction thereof, shall be required. Trees can be clustered and do not need to be evenly
spaced. Trees should preferably be located between the sidewalk and the curb, within the
landscaped area of a boulevard, or in tree wells installed in pavement or concrete.
To ensure that street trees opportunities will be maximized and protected, overhead
electric, cable, and phone lines must be placed underground, preferably in the alley so
that street tree roots do not interfere with the wires. Major transmission lines will be
allowed to remain above ground when there is no other feasible alternative location.
2. Parking area landscaping and screening.
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Article VI – Provisions Governing Residential Districts
a. All parking and loading areas fronting public streets, sidewalks/walkways, or residential
districts
or
uses
shall
provide:
i. A landscaped area at least 15 feet in depth (as to allow for both trees and shrubs)
along the public streets, sidewalks/walkways or residential districts (new or
existing).
ii. Screening at least 5 feet in height and not less than 50 percent transparent at any
time
of
the
year.
iii. One tree (minimum 3 inch caliper) for each 35 linear feet of parking, loading or
residential district frontage.
b. Parking area interior landscaping. The corners of parking lots, "islands," and all
other areas not used for parking or vehicular circulation shall be landscaped.
Vegetation can include a combination of turf grass, native grasses or other perennial
flowering plants, vines, shrubs or trees. Such spaces may include architectural
features
such
as
benches,
kiosks
or
bicycle
parking.
c. All parking lots shall provide canopy trees so that no parking space is farther than 50
feet from a canopy tree trunk. Each landscaped island should be 18 X 18 as to allow
roots to grow.
3. Installation and Maintenance of Landscaping Materials.
a. All landscape materials shall be installed to current industry standards.
b. Maintenance and replacement of landscape materials shall be the responsibility of the
property owner. Landscape maintenance should incorporate environmentally sound
management practices, including the use of water and energy-efficient irrigation
systems such as drip irrigation, and pruning primarily for plant health and public
safety and replacement of dead materials on an annual basis.
4. Materials. All plant materials must meet the minimum standards set by the American
National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.
Landscape species shall be indigenous or proven adaptable to the climate, but shall not be
invasive species. Plant materials shall comply with the following standards:
a. Minimum plant size shall be as specified as follows (for the purpose of determining
tree trunk size, the diameter/caliper size shall be measured 6 inches above ground level):
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Plant Type
Evergreen tree
Minimum Size
8 feet in height
Deciduous canopy tree
clear trunk height of 4 feet with a 3 inch caliper
Evergreen or deciduous shrubs
24 - 30 inches in height
Article VI – Provisions Governing Residential Districts
b. Landscape materials shall be tolerant of specific site conditions, including but not
limited to heat, drought and salt.
c. Existing healthy plant material may be utilized to satisfy landscaping requirements,
provided it meets the minimum plant size specified above.
d. Landscape materials that are used for screening shall be of a size that allows growth to
the desired height and screening capacity within 4 years.
Note: Dempsey, Dilling & Associates, P.C, .Engineering Consultants, 502 Hazelwood Drive, Smyrna, TN 37167, 615/2205800 developed this ordinance at the request of the City of Spring Hill, TN. The base ordinance and format source was
taken from the Traditional Neighborhood Development (TND) Model Ordinance developed and prepared by the University
of Wisconsin’s Urban & Planning Department dated 2001.
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Article VI – Provisions Governing Residential Districts
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Article VI – Provisions Governing Residential Districts
ARTICLE VII
PROVISIONS GOVERNING BUSINESS DISTRICTS
(As Amended by Ordinance 15-09)
Section 1.
(B-1) Office and Limited Retail Commercial Zone District.
Intent. To provide adequate space suitable for professional and business offices and the limited
retail commercial use set forth herein in appropriate locations where no larger amount of traffic
will be generated and where no detrimental effects will be felt by existing or future
neighborhoods. The area is to remain in a state of low density development.
1.1
1.2
1.3
Uses Permitted.
1.1(1)
Residential uses, subject to the provisions of the R-4 District.
1.1(2)
Professional office and public office buildings.
1.1(3)
General office space.
1.1(4)
Funeral homes.
1.1(5)
Churches.
1.1(6)
Accessory uses or structures customarily incidental to the above permitted
uses.
Uses Permitted on Appeal to the Board of Zoning Appeals.
1.2(1)
Commercial activities and uses subject to Section 1.8 (below).
1.2(2)
Schools offering general education or specialized instruction.
1.2(3)
Other uses determined not to be detrimental to the district. Such uses shall
be limited to the low density character of the district and shall be limited
in area to traffic generation potential.
1.2(4)
Off-site parking lots
Uses Prohibited.
Commercial uses and activities, except as provided herein.
1.4
Lot Area, Lot Width, Yards and Building Area.
1.4(1)
Lot Area.
1.4(1.1)
Existing Buildings Located Upon Small Lot.
Existing buildings located upon lots which are five
thousand (5,000) square feet or greater and which are of
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Article VII – Provisions Governing Business Districts
1.4(1.2)
record upon the effective date of the adoption of this
ordinance may be utilized for any purpose permitted by
right or (subject to approval of the requested use by the
Board of Appeals) any use permitted upon
appeal within B-1 Districts. Provided, however, that no
expansion or alteration of existing structures may increase
the degree of non-compliance which may exist as a result
of current provisions or of any subsequent amendment to
this ordinance.
New Buildings and Lots.
Except as provided in Section 1.4(1.1) (above) for existing
buildings located upon small existing lots of record, all new
buildings and uses permitted within B-1 Districts shall be
located upon lots of no less than ten thousand (10,000)
square feet in area.
1.4(2)
Lot Width.
Minimum lot width at the building line shall be fifty (50) feet.
1.4(3)
Yards.
Lots shall be considered fronting on either arterial or collectors streets.
All principal and accessory structures shall be set back from the right-ofway lines of streets a minimum of thirty (30) feet.
Side yards shall be a minimum of ten (10) feet for one and two story
buildings and five (5) feet for each additional story.
Rear yards shall be a minimum of twenty (25) feet for one story buildings
and five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required
(Changed by Ord. 07-30.)
1.4(4)
Building Area.
Maximum building area shall be forty percent (40%) of total lot area.
1.5
Height.
Buildings hereafter constructed shall not exceed fifty (50) feet in height.
1.6
Location of Accessory Structures.
1.6(1) With the exception of signs, accessory structures shall not be
erected in
any required front or side yards.
1.6(2) Accessory structures shall be located at least (10) feet from rear lot
lines and five (5) feet from any building on the same lot.
1.7
Special Restrictions for Commercial Activities Permitted Within B-1 District.
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Article VII – Provisions Governing Business Districts
In the environment in which commercial establishments are intended to be permitted, it is
the intent of this section that no such establishment or group of establishments shall be of
such size or character as to create the impression of general commercial development.
Therefore, in addition to other limitations designed to achieve these ends, individual
commercial establishments shall be restricted so as to reduce or eliminate possible
negative influences upon the basic residential character of the district.
1.7(1)
Maximum Size of Establishments.
No individual commercial establishment shall have a gross floor area
exceeding five thousand (5,000) square feet.
1.7(2)
Except for emergency activities at the office of physicians and dentists, no
commercial establishment shall be open for business between the hours of
8:00 p.m. and 8:00 a.m.
1.7(3)
Conduct of Operations.
All sales, service, or display in connection with commercial
establishments shall be within completely enclosed buildings, and there
shall be no display, service, or storage outside such buildings. No public
address systems or other devices for reproducing or amplifying voices or
music shall be mounted outside such buildings or be audible beyond any
line of the lot on which the building is situated.
1.7(4)
Exterior Storage.
Exterior storage of goods or materials of any kind is prohibited. The
placement of waste disposal facilities is permitted in the rear of the
commercial operation only and shall not be located in any front or side
yard. Such facilities shall be totally screened, using similar exterior
materials from which the outside walls of the principal building is
constructed and shall be maintained in a clean and orderly manner.
1.8
Special Provisions Governing Accessory Off-Street Parking for Commercial Uses and
Activities Located Within B-1 Districts.
Where any commercial use or activity permitted within any B-1 District adjoins any
existing residential use within either a B-1 District or any residential district, the
following special provisions may be utilized, singly or in combination, in order to offset
any negative impacts of the parking upon the use and enjoyment of the adjoining
residential activity.
1.8(1)
Parking may be restricted or prohibited within front or side yards which
adjoin a residential use or activity.
1.8(2)
Buffer yards may be required.
1.8(3)
Off-site parking may be located on a lot other than the same lot as such, to
which the spaces are accessory provided that:
1.8(3.1)
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Such spaces are located in a mixed-use, or commercial
district;
Article VII – Provisions Governing Business Districts
Section 2.
1.8(3.2)
Such spaces are located to draw a minimum of vehicular
traffic to and through streets having predominantly
residential frontage;
1.8(3.3)
Such spaces are located no farther than four hundred (400)
feet from the nearest boundary of the lot occupied by the
activities to which they are accessory;
1.8(3.4)
Such spaces are in the same ownership as the use(s) to
which they are accessory and necessary instruments are
executed to ensure the required number of spaces will
remain available throughout the life of such use(s), and
1.8(3.5)
Such spaces conform to all applicable district regulations of
the district in which they are located.
(B-2) Neighborhood Shopping District.
Intent. To provide for certain frequently needed basic household commercial services at
locations convenient to residential area, without altering their residential character. Secondly, to
eliminate lengthy trips for everyday needs to major shopping areas, and so reduce traffic at these
locations.
2.1
Uses Permitted
2.1(1) Loft style work/live apartments (Changed by Ord. 05-35.)
2.1(2) Grocery, drug and hardware stores, meat or fruit markets, legitimate theaters,
barber or beauty shops, shoe repair shops, branch laundry or dry cleaning
establishments where no laundering or cleaning is to be done on the premises,
offices, restaurants with no drive-in/drive-thru service, and other retail businesses
or services which are essential to the convenience of the neighboring residents,
and, in addition, any accessory use or building customarily incidental to the above
permitted uses. (See definition on Convenience Commercial).
2.2
Uses Permitted on Appeal.
2.2(1) Filling stations
2.2(2) Movie theaters
2.2(3) Off-site parking lots
2.3
Uses Prohibited.
Uses not specifically permitted.
2.4
Lot Area, Lot Width, Yards and Building Area. (Changed by Ordinance 12-14)
2.4(1)
Lot Area.
No minimum lot area is required, however, off-street parking and
loading/unloading requirements shall be observed.
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Article VII – Provisions Governing Business Districts
2.4(2)
Lot Width.
Lot width at the building setback line shall be seventy-five (75) feet.
2.4(3)
Yards.
All principal and accessory structures shall be set back from the right-ofway lines of streets the minimum distance of thirty (30) feet.
On lots adjacent to a residential zone, all buildings shall be located so as to
conform with the side yard requirements of the adjacent residential zone.
Rear yards shall be a minimum of twenty (25) feet for one story buildings
and five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required.
(Changed by Ord. 07-30.)
2.4(4)
Building Area.
Maximum building area shall be forty percent (40%) of the total lot area.
2.5
Height.
Buildings hereafter constructed shall not exceed fifty (50) feet in height.
2.6
Location of Accessory Structures.
2.6(1)
With the exception of signs, accessory structures shall not be erected in
any required front or side yards.
2.6(2)
Accessory structures shall be located at least five (5) feet from all rear lot
lines and from any building on the same lot.
Section 3.
(B-3) Intermediate Business District.
Intent. This district is designed primarily to provide sufficient space primarily along arterial and
collector streets for establishment and uses engaged in wholesale and retail trade, offering a wide
variety of products and services.
3.1
Uses Permitted.
3.1(1)
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Automobile sales and service, bank, barbershop or beauty parlor, bus
terminals, churches, clinics, dry cleaning and laundry establishments,
filling stations, funeral homes, hotels, movie theaters, legitimate theaters,
manufacture of articles to be sold at retail on the premises (provided such
manufacturing is incidental to the retail business and employs not more
than five (5) operators), motels, offices, outdoor advertising signs and
outdoor advertising structures, parking lots, parking garages, places of
amusement, printing and engraving establishments, public buildings,
public and private clubs, retail businesses, used car lots, wholesale
businesses, microbrewery, microdistillery, day care centers, restaurants,
retirement and assisted living facilities, and full medical care nursing
homes.
Article VII – Provisions Governing Business Districts
3.2
3.3
3.1(2)
Brewpubs (at least 25% of gross building square footage is encompassed
as restaurant space and/or tasting room)
3.1(3)
Accessory structures.
3.1(4)
Repair, cleaning, and restoring of household goods, appliances, and
furniture (maximum gross floor area of 10,000 square feet)
Uses Permitted on Appeal.
3.2(1)
Warehouses.
3.2(2)
Any use complying with the intent of the district not listed in Section 3.1.
3.2(3)
Establishments that sell or serve intoxicating beverages other than those
listed in Section 3.1.
3.2(4)
Drive-in/drive-thru businesses, not to include financial institutions or
pharmacies.
3.2(5)
Off-site parking lots
Uses Prohibited.
Uses not specifically permitted.
3.4
Lot Area, Lot Width, Yards and Building Area.
3.4(1)
No minimum lot area is required, however, off-street parking and
loading/unloading requirements shall be observed.
3.4(2)
Lot Width.
The minimum lot width at the building shall be twenty (20) feet.
3.4(3)
Yards.
The minimum front yard shall be thirty (30) feet.
No minimum side yard unless the lot is adjacent to a residential district, at
which time a ten (10) foot minimum buffer yard.
Rear yards shall be a minimum of twenty-five (25) feet for one story
buildings and five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required
(Changed by Ord. 07-30.)
3.5
Height.
Buildings hereafter constructed shall not exceed fifty (50) feet in height.
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Article VII – Provisions Governing Business Districts
3.6
Location of Accessory Structures.
3.6(1)
With the exception of signs, accessory structures shall not be erected in
any required front or side yards.
3.6(2)
Accessory structures shall be located at least ten (10) feet from rear lot
lines and five (5) feet from any building on the same lot.
Section 4.
(B-4) Central Business District
Intent. To recognize the area of best overall accessibility to all portions of the community, so as
to accommodate the widest range of comparison goods stores, specialty shops, business and
personal services, or other commercial activities compatible in close grouping and thus suited to
shopping by pedestrians.
4.1
4.2
Uses Permitted.
4.1(1)
“Uses Permitted” in B-1, B-2, and B-3 Districts.
4.1(2)
Places of amusement and assembly, hotels, public garages or other motor
vehicle services. Mini-warehouse storage units limited to indoor storage
only.
4.1(3)
Any retail or wholesale business or service.
4.1(4)
The making of articles to be sold at retail on the premises, provided,
however, that any manufacturing shall be restricted to light manufacturing
incidental to a retail business or service where the products are sold
principally on the premises by the producer to the consumer and where not
more than five (5) operatives are employed in such manufacture.
4.1(5)
Any accessory use or building customarily incidental to the above
permitted uses.
4.1(6)
Apartments, in accordance with Article VII, Subsection 2.1(1).
4.1(7)
Restaurants.
4.1(8)
Establishments that sell or serve intoxicating beverages
4.1(9)
Movie Theaters
4.1(10)
Drive-in/drive-thru businesses
Uses Permitted on Appeal.
Any other use, except uses allowed in industrial districts.
4.3
Uses Prohibited.
Any use which in the opinion of the Board of Zoning Appeals, would be injurious
because of offensive fumes, odors, just or objectionable features hazardous to the
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Article VII – Provisions Governing Business Districts
community on account of fire, explosion, health or aesthetics even when conducted under
adequate safeguards.
4.4
Lot Area, Lot Width, Yards and Building Area.
4.4(1) No minimum lot area is required, however, off-street parking and
loading/unloading requirements shall be observed.
4.4(2) Lot Width.
The minimum lot width at the building shall be twenty (20) feet.
4.4(3) Yards.
The minimum front yard shall be ten (10) feet.
No minimum side yard unless the lot is adjacent to a residential district, at which
time a twenty-five (25) foot minimum buffer yard shall be required.
Rear yards shall be a minimum of twenty-five (25) feet for one story buildings
and five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required
(Changed by Ord. 07-30.)
4.5
Height.
that
and
Buildings hereafter constructed shall not exceed seventy (70) feet in height. Buildings
exceed fifty (50) feet in height must do so with the approval of the Planning Commission
follow public notification as prescribed in Article 19 of this Ordinance.
4.6
Location of Accessory Structures.
No restriction
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Article VII – Provisions Governing Business Districts
ARTICLE VIII
PROVISIONS GOVERNING INDUSTRIAL DISTRICTS
(As Amended by Ordinances 85-17 and 13-11)
Prior to any construction or site improvements for industrial use or activity, a sketch plan meeting
the minimum requirements specified in Article IV, Section 8.1 is required to be reviewed and
approved by the Planning Commission. In general, the sketch plan shall be sufficient to indicate
the intended use and development of the property. (Amended by Ordinance 13-11)
After sketch plan approval of an industrial use or activity, a site plan meeting the minimum
requirements specified in Article IV, Section 8.2 is required to be reviewed and approved by the
Planning Commission. In general, the site plan shall be sufficient to indicate the ultimate intended
use and development of the property. (Amended by Ordinance 13-11)
Section 1.
(M-1) Industrial District (Light).
Intent. To provide for industrial and other uses intermediate between commercial, heavy
industrial, or special industrial uses and lower intensity uses by permitting uses performing
administrative, professional and technical services and non-intrusive manufacturing uses by
creating a Light Industrial District. Developments located in landscaped business office or
industrial park or campus or similarly well-designed settings are envisaged, which will minimize
detrimental effects on the proximate lower intensity uses. To the extent possible, natural features,
such as large trees, natural groves, water courses, and similar assets will be preserved to secure the
attractiveness and value of property within and adjacent to these districts to promote community
health and welfare.
Further, to restrict Light Industrial District use to those industrial uses which are in the main
compatible with the nearby properties in agricultural, residential or commercial use. And finally,
to protect industrial land from encroachment by other land uses.
Within M-1 Industrial Districts, as shown on the municipal zoning map, the following regulations
shall apply:
1.1
Uses Permitted.
1.1(1)
Uses associated with the functions of education, research, design, technical
training and experimental product development when conducted wholly
within a completely enclosed building.
1.1(2)
Professional offices, including medical offices and clinics and public office
buildings.
1.1(3)
Data processing and computer centers, including service and maintenance
of electronic data processing equipment.
1.1(4)
Open space recreational uses such as golf courses and ball diamonds.
1.1(5)
Day care centers.
1.1(6)
Visitor orientation centers.
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Article VIII – Provisions Governing Industrial Districts
1.3
1.1(7)
Conference centers with attendant lodging facilities for students enrolled in
and instructors employed by educational and research institutions and for
visitors to such facilities and to the Town of Spring Hill.
1.1(8)
Accessory uses or structures customarily incidental to any of the above
permitted uses 1.1(1) to 1.1(7), such as services for employees or students
and other persons, customarily associated with the permitted uses.
Examples of such accessory uses are: coffee shops, restaurants, barber
shops, tobacco shops and landscaped parking areas.
1.1(9)
Enclosed industrial uses such as the manufacture and/or cleaning of textiles
and apparel, fabrication and assembly of small machinery and parts,
accessories and equipment for transportation equipment including
automobiles, and other products of metal, wood or other materials, baker,
carpenter's shop, machine shop, printing, bottling works, and similar uses.
1.1(10)
Enclosed wholesaling, warehousing and storage uses, truck terminals and
public uses necessary to service the area.
1.1(11)
Animal hospitals.
1.1(12)
Electrical switching or transforming stations.
1.1(13)
Ice manufacture or cold storage.
1.1(14)
Enclosed wholesale food market.
1.1(15)
Cellular telephone towers or structures.
1.1(16)
Pet kennels; boarding and grooming facilities; and similar uses, as
determined by the planning commission.
1.1(17)
Accessory uses or structures customarily incidental to permitted uses 1.1(9)
to 1.1(16).
1.1(18)
Automobile restoration
1.1(19)
Microbrewery and Microdistillery
Uses Prohibited.
Uses not specifically permitted.
1.4
Lot Area, Lot Width, Yards and Building Area.
1.4(1) Lot Area.
The minimum lot area shall be ten thousand (10,000) square feet.
1.4(2) Lot Width.
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Article VIII – Provisions Governing Industrial Districts
The minimum lot width at the building shall be fifty (50) feet.
1.4(3) Yards.
The minimum front yard shall be thirty (30) feet.
No minimum side yard unless the lot is adjacent to a residential district, at which
time a twenty-five (25) foot minimum buffer yard shall be required.
Rear yards shall be a minimum of twenty-five (25) feet for one story buildings and
five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required. (Changed by
Ord. 07-30.)
1.4(4)
Building Area.
The front yard shall be of landscaped surfaces, including grass, trees and
shrubs, and at least fifteen percent (15%) of the site, inclusive of front, side
and rear yards, shall also be landscaped surfaces. All off-street parking,
loading and unloading requirements shall apply.
1.4(5)
Landscaped Parking Barriers.
The landscaped area shall be contiguous along the entire frontages except
at such points of approved vehicular access, and shall consist of landscaped
materials to include berms, trees, shrubs, and grasses; provided, however,
that no landscaping materials shall obscure the vehicle or pedestrian line of
sight for safety purposes.
1.5
Height.
Buildings hereafter constructed shall not exceed three (3) habitable stories; provided,
however, that industrial buildings shall not be limited to three (3) habitable stories for those
portions of the building not designated to be habitable.
1.6
Location of Accessory Structures.
Accessory structures shall be located at least ten (10) feet from all lot lines and from any
building on the same lot.
Section 2.
(M-2) Industrial District (Heavy).
Intent. To accommodate industrial uses which are less compatible with non-industrial uses than
are the uses permitted in M-1 Districts. However, extensive landscaping or land left in its natural
state should be respected in the siting of M-2 uses to minimize detrimental effects on the proximate
lower intensity uses and to secure the attractiveness and value of property within and adjacent to
these districts and to procure community health and welfare.
2.1
Uses Permitted.
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Article VIII – Provisions Governing Industrial Districts
2.2
2.1(1)
Manufacturing and assembly uses relating to the manufacture and assembly
of transportation equipment (including aircraft, motor vehicles, boats and
rail transport equipment). Manufacturing and assembly plants are permitted
which include the following uses operated in connection with such
manufacturing and assembly operations: mining and quarrying; the
operation of a cement batch plant; the operation of an asphalt plant when
this activity is conducted on a temporary basis in conjunction with the
construction of a manufacturing or assembly facility; ore smeltery
establishments; foundries; and plastic forming facilities.
2.1(2)
Manufacturing and processing industries generally with the exception of
those specifically or by implication otherwise classified in this Article VIII.
2.1(3)
Commercial, educational, research, and recreational facilities operated as
an accessory use and auxiliary to the principal activity.
2.1(4)
Brewery and/or Distillery
Uses Prohibited.
Residential uses, commercial uses (except as specifically allowed in 2.1(3)) and uses
permitted on appeal in M-3 (Special) Districts.
2.3
Lot Area, Lot Width, Yards and Building Area.
2.3(1) Lot Area.
The minimum lot area shall be ten thousand (10,000) square feet.
2.3(2) Lot Width.
The minimum lot width at the building shall be fifty (50) feet.
2.3(3) Yards.
The minimum front yard shall be thirty (30) feet.
No minimum side yard unless the lot is adjacent to a residential district, at which
time a twenty-five (25) foot minimum buffer yard shall be required.
Rear yards shall be a minimum of twenty-five (25) feet for one story buildings and
five (5) feet for each additional story.
A minimum Buffer Yard of twenty-five (25) feet shall be required
(Changed by Ord. 07-30.)
2.4
Height.
Buildings hereafter constructed shall not exceed three (3) habitable stories; provided,
however, that industrial buildings shall not be limited to three (3) habitable stories for those
portions of the building not designed to be habitable.
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2.5
Location of Accessory Structures.
No restrictions.
Section 3.
(M-3) Industrial District (Special).
Intent. To provide suitable areas for intense or potentially noxious industrial operations, including
open land operations. Secondly, to protect these industrial lands from encroachment by other uses.
3.1
Uses Permitted.
None.
3.2
Uses Permitted on Appeal.
3.2(1)
Uses such as smelting plants (except as allowed by paragraph 2.1(1) of this
Article VIII), fat rendering, inflammable liquids storage, and manufacturing
of acids, brewery, distrillery, public uses, tanneries, slaughter houses, glue
factories, oil refineries, soap factories, artificial gas manufacture, rubber
manufacture, fertilizer manufacture, mining and quarrying, the operation of
a cement batch or asphalt plant except when such operation is conducted on
a temporary basis in conjunction with the construction of a manufacturing
or assembly facility, heavy repair, dismantling industry, scrap yards, and
similar uses.
3.2(2)
Motor vehicle salvage yard and unlicensed vehicle storage yard if operated
in compliance with the following provisions:
3.2(2.1)
There shall be no measurable vibration beyond the property line of the tract
of real estate on which the operation of a motor vehicle salvage yard is
conducted.
3.2(2.2)
Motor vehicle salvage yards and unlicensed vehicle storage yards must be
confined to a clearly defined area which shall have a site screening fence or
fence and plantings, with the fence not less than ten (10) feet in height
around all areas in which any activity or storage is conducted, and being set
back twenty-five (25) feet from the street line. No activity or storage shall
be visible from public highways and roads.
3.2(2.3)
It shall be unlawful for any owner, manager or employee of a motor vehicle
salvage yard to set fire to, or cause to be burned, any pile or accumulation
of materials whatsoever which, because of the highly combustible nature of
the materials, or because of the size and/or quantity of the pile or
accumulation, or because of the location of the pile or accumulation in the
yard, endangers the life or property of any other person.
3.2(2.4)
Each motor vehicle salvage yard shall maintain in good working order such
fire extinguishers as required by public authority, together with at least one
fire extinguisher of a type designed for extinguishing fires fed by petroleum
products within two hundred (200) feet of any point where motor vehicles
or parts thereof are being burned.
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Article VIII – Provisions Governing Industrial Districts
3.3
3.2(2.5)
All roadways in and about motor vehicle salvage yards or unlicensed motor
vehicle storage yards upon which move or are moved motor vehicles or
parts thereof or equipment used in salvage operations shall be so treated or
surfaced that excessive quantities of dust injurious to the health or physical
comfort of neighboring property owners are not created.
3.2(2.6)
An owner, manager or employee of a motor vehicle salvage yard or an
unlicensed motor vehicle storage yard shall not place motor vehicles or parts
thereof within ten (10) feet of an adjoining property nor closer to the front
yard requirement than ten (10) feet from the interior side of said site screen
fence or fence and plantings.
3.2(2.7)
It shall be unlawful for any owner, manager or employee of a motor vehicle
salvage yard to cause to be carried on any wrecking, dismantling, cutting,
burning or breaking of motor vehicles or parts thereof closer to the front
yard requirements than ten (10) feet from the interior side of said site
screening fence or fence and plantings.
3.2(2.8)
It shall be unlawful for any owner, manager or employee of a motor vehicle
salvage yard to cause to be carried on any wrecking, dismantling, cutting,
burning or breaking of motor vehicles or parts thereof within five hundred
(500) feet of residential buildings on adjoining lands, including, but not
limited to, homes, farmhouses, apartment houses, hotels and motels being
used.
3.2(2.9)
Commercial uses that comply with the City of Spring Hill Ordinance
regulating sexually oriented businesses.
Appeal.
No permit for a use permitted by this Section 3 shall be issued except with the written
approval of the Spring Hill 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
district and of the region.
3.4
Uses Prohibited.
Residential uses, Commercial uses, and Light and Heavy Industrial Uses.
3.5
Lot Area, Lot Width, Yards and Building Area.
Buildings hereafter constructed shall not exceed three (3) habitable stories; provided,
however, that industrial buildings shall not be limited to three (3) habitable stories for those
portions of the building not designated to be habitable. The minimum lot area shall be five
(5) acres.
A minimum Buffer Yard of twenty-five (25) feet shall be required
(Changed by Ord. 07-30.)
3.6
Location of Accessory Structures.
No restrictions.
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Article VIII – Provisions Governing Industrial Districts
The zoning amendment being submitted to the Planning Commission is a revision/update of
ARTICLE IX of the Spring Hill Zoning Ordinance. The revision to that ARTICLE is based upon
the City’s participation in the FEMA flood map modernization program that has resulted in a new
Flood Insurance Rate Map for the Williamson County side of Spring Hill and a similar such map
forthcoming for the Maury County side. Adoption of the zoning amendment would enable Spring
Hill to continue participation in good standing in the National Flood Insurance Program. The
amendment must be adopted by the City and submitted to FEMA prior to the effective date of the
Williamson County maps, which is September 29, 2006. Adopted August 2006.
An attempt was made to highlight the changes that are in the proposed zoning amendment as
compared to what is presently in the Spring Hill Zoning Ordinance. Additionally, the amendment
is roughly in the format of the current ARTICLE IX to facilitate the comparison.
Section 3.2 was further amended to include the revised Maury County Flood Study and Maps.
Adopted February 2007.
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ARTICLE IX
PROVISIONS GOVERNING FLOODPLAINS, INCLUDING FLOODWAYS AND
FLOODWAY FRINGE DISTRICTS
Section 1.
1.1.
Statutory Authorization, Findings of Fact, Purpose and Objectives
Statutory Authorization
The Legislature of the State of Tennessee has in Section 13-7-201 through 13-7210; Tennessee Code Annotated delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the Spring Hill, Tennessee Mayor and Board of Aldermen, does
ordain as follows:
1.2.
1.3.
Findings of Fact
1.2(1)
The Spring Hill Mayor and Board of Aldermen wishes to maintain eligibility in the
National Flood Insurance Program and in order to do so must meet the requirements of
60.3 of the Federal Insurance Administration Regulations found at 44 CFR Ch. 1 (10-104 Edition).
1.2(2)
Areas of Spring Hill, Tennessee are subject to periodic inundation which could result in
loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
1.2(3)
These flood losses are caused by the cumulative effect of obstructions in
floodplains, causing increases in flood heights and velocities; by uses in
flood hazard areas which are vulnerable to floods; or construction which is
inadequately elevated, flood-proofed, or otherwise unprotected from flood
damages.
Statement of Purpose
It is the purpose of this Ordinance to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas. This
Ordinance is designed to:
1.3(1)
Restrict or prohibit uses which are vulnerable to water or erosion hazards,
or which result in damaging increases in erosion, flood heights, or
velocities;
1.3(2)
Require that uses vulnerable to floods, including community facilities, be
protected against flood damage at the time of initial construction;
1.3(3)
Control the alteration of natural floodplains, stream channels, and natural
protective barriers which accommodate floodwaters;
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Article IX – Provisions Governing Floodplains
1.4.
1.3(4)
Control filling, grading, dredging and other development which may
increase flood damage or erosion, and;
1.3(5)
Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
Objectives
The objectives of this Article are:
1.4(1)
To protect human life, health and property;
1.4(2)
To minimize expenditure of public funds for costly flood control projects;
1.4(3)
To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
1.4(4)
To minimize prolonged business interruptions;
1.4(5)
To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodable areas;
1.4(6)
To help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize blight in
flood areas;
1.4(7)
To ensure that potential homebuyers are notified that property is in a
floodable area; and
1.4(8)
To maintain eligibility for participation in the National Flood Insurance
Program.
Section 2.
Definitions
Unless specifically defined below, words or phrases used in this Article shall be interpreted as to
give them the meaning they have in common usage and to give this Article its most reasonable
application given its stated purpose and objectives.
2.1
"Accessory Structure" shall represent a subordinate structure to the principal structure and,
for the purpose of this section, shall conform to the following:
2.1(1)
Accessory structures shall not be used for human habitation.
2.1(2)
Accessory structures shall be designed to have low flood damage potential.
2.1(3)
Accessory structures shall be constructed and placed on the building site so
as to offer the minimum resistance to the flow of floodwaters.
2.1(4)
Accessory structures shall be firmly anchored to prevent flotation which
may result in damage to other structures.
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Article IX – Provisions Governing Floodplains
2.1(5)
Service facilities such as electrical and heating equipment shall be elevated
or floodproofed.
2.2
"Act" means the statutes authorizing the National Flood Insurance Program that are
incorporated in 42 U.S.C. 4001-4128.
2.3
"Addition (to an existing building)" means any walled and roofed expansion to the
perimeter of a building in which the addition is connected by a common load-bearing wall
other than a firewall. Any walled and roofed addition, which is connected by a firewall or
is separated by an independent perimeter load-bearing wall, shall be considered “New
Construction”.
2.4
"Appeal" means a request for a review of the local enforcement officer’s interpretation of
any provision of this Article or a request for a variance.
2.5
"Area of Shallow Flooding" means a designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an
average depth of one to three feet where a clearly defined channel does not exist, where the
path of flooding is unpredictable and indeterminate; and where velocity flow may be
evident. (Such flooding is characterized by ponding or sheet flow.)
2.6
"Area of Special Flood-related Erosion Hazard" is the land within a community which is
most likely to be subject to severe flood-related erosion losses. The area may be designated
as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of
the special flood-related erosion hazard area in preparation for publication of the FIRM,
Zone E may be further refined.
2.7
"Area of Special Flood Hazard" is the land in the floodplain within a community subject
to a one- percent or greater chance of flooding in any given year. The area may be
designated as Zone A on the FHBM. After detailed ratemaking has been completed in
preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH,
A1-30, AE or A99.
2.8
"Base Flood" means the flood having a one percent chance of being equalled or exceeded
in any given year.
2.9
"Basement" means that portion of a building having its floor subgrade (below ground level)
on all sides.
2.10
"Breakaway Wall" means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces, without causing damage to the elevated portion of the building or supporting
foundation system.
2.11
"Building", means any structure built for support, shelter, or enclosure for any occupancy
or storage (See "Structure")
2.12
"Development" means any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operations, or storage of equipment or materials.
2.13
"Elevated Building" means a non-basement building built to have the lowest floor of the
lowest enclosed area elevated above the ground level by means of fill, solid foundation
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Article IX – Provisions Governing Floodplains
perimeter walls with openings sufficient to facilitate the unimpeded movement of
floodwater, pilings, columns, piers, or shear walls adequately anchored so as not to impair
the structural integrity of the building during a base flood event.
2.14
"Emergency Flood Insurance Program" or "Emergency Program" means the program as
implemented on an emergency basis in accordance with section 1336 of the Act. It is
intended as a program to provide a first layer amount of insurance on all insurable
structures before the effective date of the initial FIRM.
2.15
"Erosion” means the process of the gradual wearing away of landmasses. This peril is not
per se covered under the Program.
2.16
"Exception” means a waiver from the provisions of this Article which relieves the
applicant from the requirements of a rule, regulation, order or other determination made or
issued pursuant to this Article.
2.17
"Existing Construction" means any structure for which the "start of construction"
commenced before the effective date of the first floodplain management code or ordinance
adopted by the community as a basis for that community’s participation in the National
Flood Insurance Program (NFIP)).
2.18
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, final site grading or the pouring of concrete pads) is completed
before the effective date of the first floodplain management code or ordinance adopted by
the community as a basis for that community’s participation in the National Flood
Insurance Program (NFIP)).
2.19
"Existing Structures" see "Existing Construction".
2.20
"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
2.21
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
2.21(1)
The overflow of inland or tidal waters;
2.21(2)
The unusual and rapid accumulation or runoff of surface waters from any
source.
2.22
"Flood Elevation Determination" means a determination by the Administrator of the water
surface elevations of the base flood, that is, the flood level that has a one percent or greater
chance of occurrence in any given year.
2.23
"Flood Elevation Study” means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e., mudflow) or flood-related erosion hazards.
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Article IX – Provisions Governing Floodplains
2.24
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by
the Federal Emergency Management Agency, where the boundaries of areas of special
flood hazard have been designated as Zone A.
2.25
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the
Federal Emergency Management Agency, delineating the areas of special flood hazard or
the risk premium zones applicable to the community.
2.26
"Flood Insurance Study" is the official report provided by the Federal Emergency
Management Agency, evaluating flood hazards and containing flood profiles and water
surface elevation of the base flood.
2.27
"Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated
by water from any source (see definition of "flooding").
2.28
"Floodplain Management” means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
2.29
"Flood Protection System” means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the area within a community subject to
a "special flood hazard" and the extent of the depths of associated flooding. Such a system
typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance with sound
engineering standards.
2.30
"Floodproofing" means any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
2.31
"Flood-related Erosion" means the collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as a flash flood, or by some similarly unusual and unforeseeable event which
results in flooding.
2.32
"Flood-related Erosion Area" or "Flood-related Erosion Prone Area" means a land area
adjoining the shore of a lake or other body of water, which due to the composition of the
shoreline or bank and high water levels or wind-driven currents, is likely to suffer floodrelated erosion damage.
2.33
"Flood-related Erosion Area Management" means the operation of an overall program of
corrective and preventive measures for reducing flood-related erosion damage, including
but not limited to emergency preparedness plans, flood-related erosion control works and
flood plain management regulations.
2.34
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one (1)-foot.
2.35
"Floor" means the top surface of an enclosed area in a building (including basement), i.e.,
top of slab in concrete slab construction or top of wood flooring in wood frame
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Article IX – Provisions Governing Floodplains
construction. The term does not include the floor of a garage used solely for parking
vehicles.
2.36
"Freeboard" means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as wave action, bridge openings
and the hydrological effect of urbanization of the watershed.
2.37
"Functionally Dependent Use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities.
2.38
"Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior
to construction, adjacent to the proposed walls of a structure.
2.39
"Historic Structure" means any structure that is:
2.39(1)
Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminary determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2.39(2)
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a registered
historic district;
2.39(3)
Individually listed on the Tennessee inventory of historic places and
determined as eligible by states with historic preservation programs which
have been approved by the Secretary of the Interior; or
2.39(4)
Individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
a.
By an approved state program as determined by the Secretary of the
Interior, or
b.
Directly by the Secretary of the Interior.
2.40
"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary flooding.
2.41
"Levee System" means a flood protection system, which consists of a levee, or levees, and
associated structures, such as closure, and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
2.42
"Lowest Floor" means the lowest floor of the lowest enclosed area, including a basement.
An unfinished or flood resistant enclosure used solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest
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Article IX – Provisions Governing Floodplains
floor; provided, that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements of this Article.
2.43
"Manufactured Home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and designed for use with or without a permanent foundation
when attached to the required utilities. The term "Manufactured Home" does not include
a "Recreational Vehicle", unless such transportable structures are placed on a site for 180
consecutive days or longer.
2.44
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
2.45
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map
(FIRM) for a community issued by the Agency.
2.46
"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used
as a reference for establishing various elevations within the floodplain. For the purposes
of this Article, the term is synonymous with National Geodetic Vertical Datum (NGVD)
or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
2.47
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used
as a reference for establishing varying elevations within the floodplain.
2.48
"New Construction" means any structure for which the "start of construction" commenced
after the effective date of this Article or the effective date of the first floodplain
management ordinance and includes any subsequent improvements to such structure.
2.49
"New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed after the effective date of this Article or the effective date of the first floodplain
management ordinance and includes any subsequent improvements to such structure.
2.50
"North American Vertical Datum (NAVD)" as corrected in 1988 is a vertical control used
as a reference for establishing varying elevations within the floodplain.
2.51
"100-year Flood" see "Base Flood".
2.52
"Person" includes any individual or group of individuals, corporation, partnership,
association, or any other entity, including State and local governments and agencies.
2.53
"Recreational Vehicle" means a vehicle which is:
2.53(1)
Built on a single chassis;
2.53(2)
400 square feet or less when measured at the largest horizontal projection;
2.53(3)
Designed to be self-propelled or permanently towable by a light duty truck;
and
2.53(4)
Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
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2.54
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
2.56
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
2.57
"Special Hazard Area" means an area having special flood, mudslide (i.e., mudflow) and/or
flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30,
AE, A99, or AH.
2.58
"Start of Construction" includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of
a structure (including a manufactured home) on a site, such as the pouring of slabs or
footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; and includes the placement of a manufactured home on a foundation.
(Permanent construction does not include initial land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds, not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
2.59
"State Coordinating Agency" The Tennessee Department of Economic and Community
Development’s, Local as designated by the Governor of the State of Tennessee at the
request of the Administrator to assist in the implementation of the National Flood Insurance
Program for the state.
2.56
"Structure", for purposes of this section, means a walled and roofed building that is
principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.
2.57
"Substantial Damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
2.58
"Substantial Improvement" means any repairs, reconstruction’s, rehabilitation’s, additions,
alterations or other improvements to a structure, taking place during a 5-year period, in
which the cumulative cost equals or exceeds fifty percent of the market value of the
structure before the "start of construction" of the improvement. The market value of the
structure should be (1) the appraised value of the structure prior to the start of the initial
repair or improvement, or (2) in the case of damage, the value of the structure prior to the
damage occurring. This term includes structures which have incurred "substantial
damage", regardless of the actual repair work performed.
For the purpose of this definition, “Substantial Improvement” is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the building.
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Article IX – Provisions Governing Floodplains
The term does not, however, include either: (1) Any project for improvement of a structure
to correct existing violations of state or local health, sanitary, or safety code specifications
which have been pre-identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions and not solely triggered by an
improvement or repair project or; (2) Any alteration of a "historic structure", provided that
the alteration will not preclude the structure's continued designation as a "historic
structure".
2.59
"Substantially Improved Existing Manufactured Home Parks or Subdivisions" is where the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals
or exceeds 50 percent of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
2.60
"Variance" is a grant of relief from the requirements of this Article which permits
construction in a manner otherwise prohibited by this Article where specific enforcement
would result in unnecessary hardship.
2.61
"Violation" means the failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certification, or other evidence of compliance
required in this Article is presumed to be in violation until such time as that documentation
is provided.
2.62
"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes
and frequencies in the floodplains of riverine areas.
Section 3.
3.1.
General Provisions
Application
This Article shall apply to all areas within the incorporated area of Spring Hill, Tennessee.
3.2.
Basis for Establishing the Areas of Special Flood Hazard
The Areas of Special Flood Hazard identified on the Williamson County, Tennessee, and
Incorporated Areas, Federal Emergency Management Agency, Flood Insurance Study
(FIS) Number 47187CV000B, dated September 29, 2006 and Flood Insurance Rate Map
(FIRM), Community Panel Numbers 47187C0343F, 47187C0345F, 47187C0365F,
47187C0435F, 47187C0455F, dated September 29, 2006; and the Areas of Special Flood
Hazard identified on the Maury County, Tennessee, and Incorporated Areas, Federal
Emergency Management Agency, Flood Insurance Study (FIS) Number 470123C0000E,
dated April 16, 2007 and Flood Insurance Rate Map (FIRM), Community Panel Numbers
47119C0065E, 47119C0070E, 47119C0090E, 47119C0180E, 47119C0185E,
47119C0205E, dated April 16, 2007, along with all supporting technical data, are adopted
by reference and declared to be a part of this ARTICLE.
3.3.
Requirement for Development Permit
A development permit shall be required in conformity with this Article prior to the
commencement of any development activities.
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Article IX – Provisions Governing Floodplains
3.4.
Compliance
No land, structure or use shall hereafter be located, extended, converted or structurally
altered without full compliance with the terms of this Article and other applicable
regulations.
3.5.
Abrogation and Greater Restrictions
This Article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Article conflicts or overlaps with
another regulatory instrument, whichever imposes the more stringent restrictions shall
prevail.
3.6.
Interpretation
In the interpretation and application of this Article, all provisions shall be: (1) considered
as minimum requirements; (2) liberally construed in favor of the governing body, and; (3)
deemed neither to limit nor repeal any other powers granted under Tennessee statutes.
3.7.
Warning and Disclaimer of Liability
The degree of flood protection required by this Article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This Article does not imply that land outside the Areas of Special Flood
Hazard or uses permitted within such areas will be free from flooding or flood damages.
This Article shall not create liability on the part of the City of Spring Hill, Tennessee or by
any officer or employee thereof for any flood damages that result from reliance on this
Article or any administrative decision lawfully made hereunder.
3.8.
Penalties for Violation
Violation of the provisions of this Article or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance shall constitute a misdemeanor punishable as other misdemeanors as provided by
law. Each day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the City of Spring Hill, Tennessee from taking such other
lawful actions to prevent or remedy any violation.
Section 4.
4.1.
Administration
Designation of Article Administrator
The Building Official is hereby appointed as the Administrator to implement the provisions
of this Article.
4.2.
Permit Procedures
Application for a development permit shall be made to the Building Official on forms
furnished by the community prior to any development activities. The development permit
may include, but is not limited to the following: plans in duplicate drawn to scale and
showing the nature, location, dimensions, and elevations of the area in question; existing
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Article IX – Provisions Governing Floodplains
or proposed structures, earthen fill placement, storage of materials or equipment, and
drainage facilities. Specifically, the following information is required:
4.2(1)
4.2(2)
Application stage
a.
Elevation in relation to mean sea level of the proposed lowest floor,
including basement, of all buildings where base flood elevations are
available, or to the highest adjacent grade when applicable under this
Article.
b.
Elevation in relation to mean sea level to which any non-residential building
will be flood-proofed where base flood elevations are available, or to the
highest adjacent grade when applicable under this Article.
c.
Design certificate from a registered professional engineer or architect that
the proposed non-residential flood-proofed building will meet the floodproofing criteria in Section 4.2.
d.
Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
Construction Stage
Within unnumbered A zones, where flood elevation data are not available,
the Building Official shall record the elevation of the lowest floor on the
development permit. The elevation of the lowest floor shall be determined
as the measurement of the lowest floor of the building relative to the highest
adjacent grade.
For all new construction and substantial improvements, the permit holder
shall provide to the Building Official an as-built certification of the
regulatory floor elevation or floodproofing level upon the completion of the
lowest floor or floodproofing. Within unnumbered A zones, where flood
elevation data is not available, the elevation of the lowest floor shall be
determined as the measurement of the lowest floor of the building relative
to the highest adjacent grade.
Any lowest floor certification made relative to mean sea level shall be
prepared by or under the direct supervision of, a registered land surveyor
and certified by same. When floodproofing is utilized for a non-residential
building said certification shall be prepared by or under the direct
supervision of, a professional engineer or architect and certified by same.
Any work undertaken prior to submission of the certification shall be at the
permit holder's risk. The Building Official shall review the abovereferenced certification data. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further work being
allowed to proceed. Failure to submit the certification or failure to make
said corrections required hereby, shall be cause to issue a stop-work order
for the project.
4.3.
Duties and Responsibilities of the Building Official (Administrator)
Duties of the Building Official shall include, but not be limited to:
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Article IX – Provisions Governing Floodplains
4.3(1)
Review of all development permits to assure that the permit requirements
of this Article have been satisfied, and that proposed building sites will be
reasonably safe from flooding.
4.3(2)
Advice to permittee that additional federal or state permits may be required,
and if specific federal or state permit requirements are known, require that
copies of such permits be provided and maintained on file with the
development permit. This shall include Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U. S. C. 1334.
4.3(3)
Notification to adjacent communities and the Tennessee Department of
Economic and Community Development, Local Planning Assistance
Office, prior to any alteration or relocation of a watercourse, and submission
of evidence of such notification to the Federal Emergency Management
Agency.
4.3(4)
For any altered or relocated watercourse, submit engineering data/analysis
within six (6) months to the Federal Emergency Management Agency to
ensure accuracy of community flood maps through the Letter of Map
Revision process. Assure that the flood carrying capacity within an altered
or relocated portion of any watercourse is maintained.
4.3(5)
Record the elevation, in relation to mean sea level or the highest adjacent
grade, where applicable of the lowest floor including basement of all new
or substantially improved buildings, in accordance with Section 4.2.
4.3(6)
Record the actual elevation; in relation to mean sea level or the highest
adjacent grade, where applicable to which the new or substantially
improved buildings have been flood-proofed, in accordance with Section
4.2.
4.3(7)
When flood proofing is utilized for a structure, the Building Official shall
obtain certification of design criteria from a registered professional engineer
or architect, in accordance with Section 4.2.
4.3(8)
Where interpretation is needed as to the exact location of boundaries of the
areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the
Building Official shall make the necessary interpretation. Any person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this Article.
4.3(9)
When base flood elevation data or floodway data have not been provided
by the Federal Emergency Management Agency then the Building Official
shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State, or other sources, including
data developed as a result of these regulations, as criteria for requiring that
new construction, substantial improvements, or other development in Zone
A on the Community FIRM meet the requirements of this Article.
Within unnumbered A zones, where base flood elevations have not been
established and where alternative data is not available, the Building Official
shall require the lowest floor of a building to be elevated or floodproofed to
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Article IX – Provisions Governing Floodplains
a level of at least three (3) feet above the highest adjacent grade (lowest
floor and highest adjacent grade being defined in Article II of this Article).
All applicable data including elevations or flood proofing certifications
shall be recorded as set forth in Section 4.2.
4.3(10)
Section 5.
5.1.
All records pertaining to the provisions of this Article shall be maintained
in the office of the Building Official and shall be open for public inspection.
Permits issued under the provisions of this Article shall be maintained in a
separate file or marked for expedited retrieval within combined files.
Provisions for Flood Hazard Reduction
General Standards
In all flood prone areas the following provisions are required:
5.1(1)
New construction and substantial improvements to existing buildings shall
be anchored to prevent flotation, collapse or lateral movement of the
structure;
5.1(2)
Manufactured homes shall be elevated and anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces;
5.1(3)
New construction and substantial improvements to existing buildings shall
be constructed with materials and utility equipment resistant to flood
damage;
5.1(4)
New construction or substantial improvements to existing buildings shall be
constructed by methods and practices that minimize flood damage;
5.1(5)
All electrical, heating, ventilation, plumbing, air conditioning equipment,
and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding;
5.1(6)
New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
5.1(7)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
5.1(8)
On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding;
5.1(9)
Any alteration, repair, reconstruction or improvements to a building that is
in compliance with the provisions of this Article, shall meet the
requirements of "new construction" as contained in this Article; and,
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Article IX – Provisions Governing Floodplains
5.1(10)
5.2.
Any alteration, repair, reconstruction or improvements to a building that is
not in compliance with the provision of this Article, shall be undertaken
only if said non-conformity is not further extended or replaced.
Specific Standards
These provisions shall apply to ALL Areas of Special Flood Hazard as provided herein:
5.2(1)
Residential Construction. Where base flood elevation data is available, new
construction or substantial improvement of any residential building (or
manufactured home) shall have the lowest floor, including basement,
elevated no lower than two (2) feet above the base flood elevation. Should
solid foundation perimeter walls be used to elevate a structure, openings
sufficient to facilitate equalization of flood hydrostatic forces on both sides
of exterior walls and to ensure unimpeded movement of floodwater shall be
provided in accordance with the standards of Section 5.2.
Within unnumbered A zones, where base flood elevations have not been
established and where alternative data is not available, the Building Official
shall require the lowest floor of a building to be elevated or floodproofed to
a level of at least three (3) feet above the highest adjacent grade (lowest
floor and highest adjacent grade being defined in Section 2 of this Article).
All applicable data including elevations or flood proofing certifications
shall be recorded as set forth in Section 4.2.
5.2(2)
Non-Residential Construction.
New construction or substantial
improvement of any commercial, industrial, or non-residential building,
when BFE data is available, shall have the lowest floor, including basement,
elevated or floodproofed no lower than two (2) feet above the level of the
base flood elevation.
Within unnumbered A zones, where base flood elevations have not been
established and where alternative data is not available, the Building Official
shall require the lowest floor of a building to be elevated or floodproofed to
a level of at least three (3) feet above the highest adjacent grade (lowest
floor and highest adjacent grade being defined in Section 2 of this Article).
All applicable data including elevations or flood proofing certifications
shall be recorded as set forth in Section 4.2.
Buildings located in all A-zones may be flood-proofed, in lieu of being
elevated, provided that all areas of the building below the required elevation
are watertight, with walls substantially impermeable to the passage of water,
and are built with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. A
registered professional engineer or architect shall certify that the design and
methods of construction are in accordance with accepted standards of
practice for meeting the provisions above, and shall provide such
certification to the Building Official as set forth in Section 4.2.
5.2(3)
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Elevated Building. All new construction or substantial improvements to
existing buildings that include ANY fully enclosed areas formed by
foundation and other exterior walls below the base flood elevation, or
required height above the highest adjacent grade, shall be designed to
preclude finished living space and designed to allow for the entry and exit
Article IX – Provisions Governing Floodplains
of flood waters to automatically equalize hydrostatic flood forces on
exterior walls.
a.
Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria.
i)
Provide a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding;
ii)
The bottom of all openings shall be no higher than one foot above
the finish grade; and
iii)
Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic flow of
floodwaters in both directions.
b.
Access to the enclosed area shall be the minimum necessary to allow for
parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior door) or
entry to the elevated living area (stairway or elevator); and
c.
The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms in such a way as to impede the movement of
floodwaters and all such petitions shall comply with the provisions of
Section 5.2 of this Article.
5.2(4) Standards for Manufactured Homes and Recreational Vehicles
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a.
All manufactured homes placed, or substantially improved, on: (1)
individual lots or parcels, (2) in expansions to existing manufactured home
parks or subdivisions, or (3) in new or substantially improved manufactured
home parks or subdivisions, must meet all the requirements of new
construction, including elevations and anchoring.
b.
All manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision must be elevated so that either:
i)
When base flood elevations are available the lowest floor of the
manufactured home is elevated on a permanent foundation no lower
than two (2) feet above the level of the base flood elevation; or,
ii)
Absent base flood elevations the manufactured home chassis is
elevated and supported by reinforced piers (or other foundation
elements) at least three (3) feet in height above the highest adjacent
grade.
c.
Any manufactured home, which has incurred “substantial damage” as the
result of a flood or that has substantially improved, must meet the standards
of Section 5.2.(4) of this Article.
d.
All manufactured homes must be securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
Article IX – Provisions Governing Floodplains
e.
All recreational vehicles placed on identified flood hazard sites must either:
i)
Be on the site for fewer than 180 consecutive days;
ii)
Be fully licensed and ready for highway use. (A recreational vehicle
is ready for highway use if it is licensed, on its wheels or jacking
system, attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached structures or
additions.)
iii)
The recreational vehicle must meet all the requirements for new
construction, including the anchoring and elevation requirements of
this section above if on the site for longer than 180 consecutive days.
5.2(5) Standards for Subdivisions
Subdivisions and other proposed new developments, including manufactured home
parks, shall be reviewed to determine whether such proposals will be reasonably
safe from flooding. If a subdivision proposal or other proposed new development
is in a flood-prone area, any such proposals shall be reviewed to ensure that:
5.3.
a.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
b.
All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize or eliminate flood damage.
c.
All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
d.
Base flood elevation data shall be provided for subdivision proposals and
other proposed developments (including manufactured home parks and
subdivisions) that are greater than fifty lots and/or five acres in area.
Standards for Areas of Special Flood Hazard with Established Base Flood Elevations and
With Floodways Designated
Located within the Areas of Special Flood Hazard established in Section 3.2, are areas
designated as floodways. A floodway may be an extremely hazardous area due to the
velocity of floodwaters, debris or erosion potential. In addition, the area must remain free
of encroachment in order to allow for the discharge of the base flood without increased
flood heights and velocities. Therefore, the following provisions shall apply:
5.3(1)
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Encroachments are prohibited, including earthen fill material, new
construction, substantial improvements or other developments within the
regulatory floodway. Development may be permitted however, provided it
is demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practices that the cumulative effect
of the proposed encroachments or new development, when combined with
all other existing and anticipated development, shall not result in ANY
increase the water surface elevation of the base flood level, velocities or
floodway widths during the occurrence of a base flood discharge at any
Article IX – Provisions Governing Floodplains
point within the community. A registered professional engineer must
provide supporting technical data and certification thereof.
5.3(2)
5.4
New construction or substantial improvements of buildings shall comply
with all applicable flood hazard reduction provisions of Section 5.
Zones AE with Established Base Flood Elevations but Without Floodways Designated
Located within the Areas of Special Flood Hazard established in Section 3.2, where streams
exist with base flood data provided but where no floodways have been designated, (Zones
AE) the following provisions apply:
5.5.
5.4(1)
No encroachments, including fill material, new structures or substantial
improvements shall be located within areas of special flood hazard, unless
certification by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase the
water surface elevation of the base flood more than one (1) foot at any point
within the community. The engineering certification should be supported
by technical data that conforms to standard hydraulic engineering
principles.
5.4(2)
New construction or substantial improvements of buildings shall be
elevated or flood-proofed to elevations established in accordance with
Section 5.2.
Standards for Streams without Established Base Flood Elevations or Floodways (A
Zones)
Located within the Areas of Special Flood Hazard established in Section 3.2, where streams
exist, but no base flood data has been provided (A Zones), OR where a Floodway has not
been delineated, the following provisions shall apply:
5.5(1)
When base flood elevation data or floodway data have not been provided
in accordance with Section 3, then the Building Official shall obtain,
review and reasonably utilize any scientific or historic base flood elevation
and floodway data available from a Federal, State or other source, in order
to administer the provisions of Section 5. ONLY if data is not available
from these sources, then the following provisions (2) & (3) shall apply:
5.5(2)
No encroachments, including structures or fill material, shall be located
within an area equal to the width of the stream or twenty feet, whichever is
greater, measured from the top of the stream bank, unless certification by
registered professional engineer is provided demonstrating that the
cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one (1) foot at any point within
the community. The engineering certification should be supported by
technical data that conforms to standard hydraulic engineering principles.
5.5(3)
In special flood hazard areas without base flood elevation data, new
construction or substantial improvements of existing buildings shall have
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Article IX – Provisions Governing Floodplains
the lowest floor of the lowest enclosed area (including basement) elevated
no less than three (3) feet above the highest adjacent grade at the building
site. Openings sufficient to facilitate the unimpeded movements of
floodwaters shall be provided in accordance with the standards of Section
5.2, and “Elevated Buildings".
5.6.
Standards For Areas of Shallow Flooding (AO and AH Zones)
Located within the Areas of Special Flood Hazard established in Article III, Section B, are
areas designated as shallow flooding areas. These areas have special flood hazards
associated with base flood depths of one to three feet (l'-3') where a clearly defined channel
does not exist and where the path of flooding is unpredictable and indeterminate; therefore,
the following provisions apply:
5.7.
5.6(1)
All new construction and substantial improvements of residential and nonresidential buildings shall have the lowest floor, including basement,
elevated to at least one (1’) foot above the flood depth number specified on
the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including
basement, shall be elevated, at least three (3) feet above the highest adjacent
grade. Openings sufficient to facilitate the unimpeded movements of
floodwaters shall be provided in accordance with standards of Section 5.2,
and “Elevated Buildings".
5.6(2)
All new construction and substantial improvements of nonresidential
buildings may be flood-proofed in lieu of elevation. The structure together
with attendant utility and sanitary facilities must be flood proofed and
designed watertight to be completely flood-proofed to at least one (1’) foot
above the specified FIRM flood level, with walls substantially impermeable
to the passage of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. If no depth number is specified, the lowest floor, including
basement, shall be flood proofed to at least three (3) feet above the highest
adjacent grade. A registered professional engineer or architect shall certify
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions of this Article and shall
provide such certification to the Building Official as set forth above and as
required in Section 4.2.
5.6(3)
Adequate drainage paths shall be provided around slopes to guide
floodwaters around and away from proposed structures.
5.6(4)
The Building Official shall certify the elevation or the highest adjacent
grade, where applicable, and the record shall become a permanent part of
the permit file.
Standards For Areas Protected by Flood Protection System (A-99 Zones)
Located within the areas of special flood hazard established in Section 3. are areas of the
100-year floodplain protected by a flood protection system but where base flood elevations
and flood hazard factors have not been determined. Within these areas (A-99 Zones) all
provisions of Section 4. and Section 5.1. shall apply.
5.8.
Standards for Unmapped Streams
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Article IX – Provisions Governing Floodplains
Located within Spring Hill, Tennessee are unmapped streams where areas of special flood
hazard are neither indicated nor identified. Adjacent to such streams the following
provisions shall apply:
5.8(1)
In areas adjacent to such unmapped streams, no encroachments including
fill material or structures shall be located within an area of at least equal to
twice the width of the stream, measured from the top of each stream bank,
unless certification by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one (1)
foot at any point within the Spring Hill.
5.8(2)
When new elevation data is available, new construction or substantial
improvements of buildings shall be elevated or flood proofed to elevations
established in accordance with Section4.
Section 6.
Variance Procedures
The provisions of this section shall apply exclusively to areas of Special Flood Hazard within
Spring Hill, Tennessee.
6.1.
Board of Zoning Appeals
6.1(1)
The Spring Hill Board of Zoning Appeals shall hear and decide appeals and
requests for variances from the requirements of this Article.
6.1(2)
Variances may be issued for the repair or rehabilitation of historic structures
(see definition) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as a
historic structure and the variance is the minimum to preserve the historic
character and design of the structure.
6.1(3)
In passing upon such applications, the Board of Zoning Appeals shall
consider all technical evaluations, all relevant factors, all standards
specified in other sections of this Article, and:
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a.
The danger that materials may be swept onto other property to the injury of
others;
b.
The danger to life and property due to flooding or erosion;
c.
The susceptibility of the proposed facility and its contents to flood damage;
d.
The importance of the services provided by the proposed facility to the
community;
e.
The necessity of the facility to a waterfront location, in the case of a
functionally dependent facility;
f.
The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
Article IX – Provisions Governing Floodplains
6.2.
The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
h.
The safety of access to the property in times of flood for ordinary and
emergency vehicles;
i.
The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at
the site, and;
j.
The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems, and streets and bridges.
6.1(4)
Upon consideration of the factors listed above, and the purposes of this
Article, the Board of Zoning Appeals may attach such conditions to the
granting of variances as it deems necessary to effectuate the purposes of this
Article.
6.1(5)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
Conditions for Variances
6.2(1)
Variances shall be issued upon a determination that the variance is the
minimum relief necessary, considering the flood hazard; and in the instance
of a historical building, a determination that the variance is the minimum
relief necessary so as not to destroy the historic character and design of the
building.
6.2(2)
Variances shall only be issued upon: a showing of good and sufficient cause,
a determination that failure to grant the variance would result in exceptional
hardship; or a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or Articles.
6.2(3)
Any applicant to whom a variance is granted shall be given written notice
that the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance, and that
such construction below the base flood level increases risks to life and
property.
6.2(4)
The Building Official shall maintain the records of all appeal actions and
report any variances to the Federal Emergency Management Agency upon
request.
Section 7.
7.1.
g.
Legal Status Provisions
Conflict with Other Ordinances
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Article IX – Provisions Governing Floodplains
In case of conflict between this Article or any part thereof, and the whole or part of any
existing or future Ordinance of Spring Hill, Tennessee, the most restrictive shall in all cases
apply.
7.2.
Validity
If any section, clause, provision, or portion of this Article shall be held to be invalid or
unconstitutional by any court of competent jurisdiction, such holding shall not affect any
other section, clause, provision, or portion of this Article which is not of itself invalid or
unconstitutional.
7.3.
Effective Date
This Article shall become effective immediately after its passage, in accordance with the
Charter of Spring Hill, Tennessee, and the public welfare demanding it.
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Article IX – Provisions Governing Floodplains
ARTICLE X
PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENT DISTRICTS
Section 1.
1.1
General Provisions.
Intent and Purpose.
The purposes of these planned unit development district regulations are as follows:
1.2
1.1(1)
To promote flexibility in design and permit planned diversification in the
location of structures;
1.1(2)
To promote the efficient use of land in order to facilitate a more economic
arrangement of buildings, circulation systems, land use, and utilities;
1.1(3)
To preserve to the greatest extent possible the existing landscape features
and amenities and to utilize such features in a harmonious fashion;
1.1(4)
To encourage the total planning of tracts of land consistent with pertinent
long-range plans.
Consistency With the General Plan.
No planned unit development shall be approved unless all plans for development are found
to be consistent with the then current issue of the adopted development plan for the area in
which the development is proposed. The Planning Commission shall make a formal
written finding regarding the consistency of any proposed planned unit development, said
report to include findings that the development:
1.3
1.2(1)
Will be consistent with the currently effective development plan for the
area; and
1.2(2)
Is likely to be compatible with development permitted under the general
development provisions of the zoning ordinance; and
1.2(3)
Will not significantly interfere with the use and enjoyment of other land in
the vicinity.
Master Plan of Planned Unit Development.
No application for PUD zoning shall be considered unless a master plan of the development
meeting requirements set forth in Section 2.3 of this article is submitted therewith.
1.4
Relation of PUD Regulations to General Zoning, Subdivision, or Other Regulations;
Variations on Equal Satisfaction or Public Purposes.
The planned unit development regulations that follow shall apply generally to the initiation
and regulation of all planned unit development districts. Where there are conflicts between
the special PUD regulations or requirements, these regulations shall apply in PUD districts
unless the Mayor and City Council shall find, in the particular case, that provisions herein
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Article X – Provisions Governing Planned Unit
Developments
do not serve public purposes to a degree at least equivalent to such general zoning,
subdivision, or other regulations or requirements.
Where actions, designs, or solutions proposed by the applicant are not literally in accord
with applicable PUD or general regulations, but the Mayor and City Council make a finding
in the particular case that public purposes are satisfied to an equivalent or greater degree,
the Council may make specific modification of the regulations in the particular case,
provided that where density and bulk ratios (other than off-street parking) have been
established by these regulations, the Council shall not act in a particular case to modify
such provisions.
Except as indicated above, notwithstanding procedures and requirements generally in
effect, procedures and requirements set forth herein and in guides and standards officially
adopted as part of regulations for particular classes of PUD districts shall apply in PUD
districts, to any amendments creating such districts, and to issuance of all required permits
therein.
1.5
Combination of Separate Types of Planned Unit Development.
The Planning Commission and the Mayor and City Council may consider separate types
of planned unit developments (such as residential and commercial PUD) within a
consolidated master plan as a single administrative procedure, provided the total tract is
under the unified control of a landholder and the land area is sufficient to comply with the
separate requirements combined. This provision in no way alters any requirements in this
article.
1.6
Stage of Development.
The Planning Commission may elect to permit the staging of development, in which case,
the following provisions shall be complied with:
1.7
1.6(1)
In a residential planned unit development, the ratio of gross floor area of
commercial activity to residential activity in the plan as initially approved
or amended shall not be exceeded at any given stage of construction.
1.6(2)
Each stage shall be so planned and so related to existing surroundings and
available facilities and services that failure to proceed with subsequent
stages will not have an adverse impact on the planned unit development or
its surroundings.
1.6(3)
The commencement of actual construction of any stage of the planned unit
development shall be governed by the provisions of Section 2.6 of this
article.
1.6(4)
In the instance of a combined planned unit development, the Planning
Commission may permit commercial and industrial uses to be constructed
first, but only if it finds--and records its finding on the final development
plan--that the nonresidential uses are consistent with current development
plans even if no residential construction takes place.
Development Control and Division of Land.
No tract of land may receive final approval as a planned unit development unless such tract
is under the unified control of a landholder as defined by this ordinance. Unless otherwise
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Article X – Provisions Governing Planned Unit
Developments
provided as a condition of approval of a planned unit development, the landholder of an
approved planned unit development may divide and transfer parts of such development.
The transferee shall complete each such unit, and shall use and maintain it in strict
conformance with the adopted final master development plan.
A report identifying all property owners within the area of the proposed district and giving
evidence of unified control of its entire area shall be submitted, along with any application
for approval of a preliminary development plan. The report shall state agreement of all
present property owners and/or their successors in title:
1.8
1.7(1)
To proceed with the proposed development according to the regulations in
effect when the map amendment creating the PUD district is passed, with
such modifications as are set by Mayor and City Council in the course of
such action; and
1.7(2)
To provide bonds, dedications, guarantees, agreements, contracts, and deed
restrictions acceptable to the Mayor and City Council for completion of
such development according to approved plans; and for continuing
operation and maintenance of such areas, facilities, and services as are not
to be provided, operated, or maintained at general public expense; and such
dedications, contributions, or guarantees as are required for provision of
needed public facilities and services; and
1.7(3)
To bind further successors in title to any commitments under (a) or (b)
above.
Common Open Space.
Any common open space established by an adopted final master development plan for a
planned unit development shall be subject to the following:
1.8(1)
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Quality Use and Improvement of Common Open Space.
1.8(1.1)
Common open space must be for amenity or recreational
purposes. The uses authorized for common open space must
be appropriate to the scale and character of the planned
development considering its size, density, expected
population, topography and other factors.
1.8(1.2)
No common open space may be put to any use not specified
in the approved final development plan, unless such plan has
been amended under the provisions of Section 2.10 below.
However, no change authorized may be considered as a
waiver of any of the covenants limiting the use of common
open space area, and all rights to enforce these covenants
against any use permitted are expressly reserved.
1.8(1.3)
Common open space may, subject to approval by the
Planning Commission and Mayor and City Council consist
of either improved or unimproved land. In this regard, the
approving agency may determine that all or part of stream
areas, bodies of water and slopes in excess of fifteen (15)
percent may be included in common open space. In making
this determination, the approving agency shall be guided by
Article X – Provisions Governing Planned Unit
Developments
the extent of these areas in relation to the planned unit
development and the degree to which these areas contribute
to the quality, livability, and amenity of the planned unit.
1.8(2)
Conveyance of Common Open Space.
All land shown on the final development plan as common open space must
be conveyed under one of the following options:
1.8(3)
1.8(2.1)
It may be conveyed to a public agency which will agree to
maintain the common open space and any buildings,
structures, or improvements which have been placed on it.
1.8(2.2)
It may be conveyed to trustees provided in an indenture
establishing an association, funded trust, or similar
organization meeting the requirements of Section 1.8(3) for
the maintenance of the planned development. The common
open space must be conveyed to the trustees subject to
covenants to be approved by the Planning Commission
which restrict the common open space to the uses specified
on the final development plan, and which provide for the
maintenance of the common open space in a manner which
assures its continuing use for its intended purpose.
Requirement for Maintenance Organization.
In any instance where common open space is to be conveyed to an
organization other than a public agency, the Planning Commission and the
Mayor and City Council shall require that the landholder provide for and
establish an organization for the ownership and maintenance of any
common open space. Such organization shall not be dissolved nor shall it
dispose of any common open space, by sale or otherwise (except to an
organization conceived and established to own and maintain the common
open space), without first offering to dedicate the same to the City and the
said dedication be approved by the Planning Commission. However, the
conditions of any transfer shall conform to the adopted development plan.
1.8(4)
Mandatory Provisions Governing Organization and Operation of
Maintenance Association.
In any instance where common open space is to be deeded to a maintenance
organization, the developer shall file a declaration of covenants and
restrictions that will govern the association. This document is to be
submitted with the application for final approval of the planned unit
development plan. The provisions shall include, but not be limited to, the
following:
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1.8(4.1)
The maintenance organization must be established and
operational before any homes are sold.
1.8(4.2)
Membership must be mandatory for each home buyer and
must run with the land so that any successive purchaser will
automatically become a member.
Article X – Provisions Governing Planned Unit
Developments
1.8(5)
1.8(4.3)
The restrictions covering the use, etc., of the open space
must be permanent, not just for a period of years.
1.8(4.4)
The association(s) must be responsible for liability
insurance, local taxes and the maintenance of all facilities
and lands deeded to it.
1.8(4.5)
Homeowners must pay their pro rata share of the cost
assessed by the maintenance association; said assessment by
the association can become a lien on the homeowner's
property for failure to pay.
1.8(4.6)
The association must be able to adjust the assessment of fees
to meet changing needs.
Failure of Maintenance Organization.
In the event that the organization established to own and maintain common
open space, or any successor organization shall at any time after the
establishment of the planned unit development fail to maintain the common
open space in reasonable order and condition in accordance with the
adopted final development plan, the Building Inspector may serve written
notice upon such organization and/or the owners or residents of the planned
unit development and hold a public hearing. After thirty (30) days, the
Inspector shall call upon any public or private agency to maintain the
common space for a period of one (1) year. When the Building Inspector
determines that the organization is not prepared for the maintenance of the
common open space, such agency shall continue maintenance for yearly
periods. The cost of such maintenance shall be assessed proportionately
against the properties within the planned unit development that have a right
to enjoyment of the common open space, and shall become a lien on said
properties.
1.8(6)
Assurances Involving the Provision of Common Open Space.
The Planning Commission may require adequate assurance, in a form and
manner which it approves, that the common open space shown in the final
development plan will be provided and developed. The following methods
of assurance are illustrative of the types of assurances which may be
provided and used singly, in combination or in conjunction with other
similar methods:
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1.8(6.1)
The city may accept a bond, corporate surety, or other
acceptable financial guarantee in an amount sufficient to
purchase the common open space shown in the final
development plan or alternative acreage which is equivalent
in size and character.
1.8(6.2)
The title to the land shown as common open space may be
put in escrow, the escrow agreement to provide that the land
is to be held in escrow until the Planning Commission has
certified to the escrow agent that the planned development
has been completed, at which time the common open space
Article X – Provisions Governing Planned Unit
Developments
is to be conveyed as provided in Section 1.8(2) of this article.
The escrow agreement may provide for the release of
common open space by the escrow agent in stages. In such
instance, the Planning Commission is to certify the
completion of each stage of the planned development to the
escrow agent and the escrow agreement must provide that
the open space may be conveyed in stages. In this event, the
open space which is conveyed is to be of the same
proportions to the open space provided on the final
development plan as the dwelling units that have been built
are to the total number of dwelling units which are allowable
by the final development plan.
1.9
1.8(6.3)
In conjunction with paragraph 1.8(6.1) of this section, if any
planned development which includes common open space is
held by the developer on option, the developer shall assign
to the city the right to exercise the option to acquire the
common open space.
1.8(6.4)
In general, the construction and provision of all common
open spaces and public and recreational facilities which are
shown on the final development plan must proceed at no
slower rate than the construction of dwelling units. From
time to time, the Planning Commission shall compare the
actual development with the development schedule. If the
Commission finds that the rate of construction of dwelling
units or other commercial or industrial structures is
substantially greater than the rate at which common open
spaces and public and recreational facilities have been
constructed and provided, then the Planning Commission
may either cease to approve any additional final plats or
instruct the Building Inspector to discontinue issuance of
building permits.
Dedication of Public Facilities.
The Planning Commission and the Mayor and City Council may, as a condition of approval
and adoption, in accordance with the final development plan, require that suitable areas for
streets, public rights-of-way, schools, parks, and other public areas be set aside, improved
and/or dedicated for public use.
1.10
Waiver of Board of Appeals Action.
No action of the Board of Appeals shall be required in the approval of a planned unit
development, including those activities which would otherwise require special exceptions
under other articles of this ordinance, provided that such activities comply with the
applicable criteria stipulated in appropriate sections of this ordinance as determined by the
Planning Commission and the Mayor and City Council as a part of their development plan
review and action.
Section 2.
2.1
Administrative Procedures Governing Planned Unit Developments.
Purpose and Intent.
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Article X – Provisions Governing Planned Unit
Developments
The purpose of these provisions is to prescribe a procedure for the review, approval and
continued administration of all planned unit developments provided for by this article.
2.2
Preapplication Conference.
Prior to the filing of the application, the applicant shall confer with the Building Inspector
and the planner advising the Planning Commission to determine whether the applicant is
proceeding under the proper section of this ordinance, to consider the desirability or
necessity of amending the master plan or petition, to clarify the issues and to discuss any
other matter as may aid in the disposition of the project.
2.3
Preliminary Approval of the Proposed Planned Unit Development.
2.3(1)
Application for Preliminary Approval.
Application for preliminary approval shall be made by the landholder of the
affected property or his authorized agent to the Building Inspector in
accordance with such written general rules regarding procedure, form of
application, and required information as the Planning Commission may
determine. The application for preliminary approval shall include such
written statements and documents; and site plans, drawings, etc., as are
required below.
2.3(2)
Content of Preliminary Approval.
The preliminary development plan shall contain the following:
2.3(2.1)
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Plan drawings sufficient to disclose:
(a)
The location and size of the area involved.
(b)
Transportation routes, including streets, driveways,
sidewalks and pedestrian ways, and off-street
parking and loading areas.
(c)
Location and approximate dimensions of structures,
including approximate height and bulk and the
utilization of structures, including activities and the
number of living units.
(d)
Estimated population and density and extent of
activities to be allocated to parts of the project.
(e)
Reservations for public uses, loading, schools, parks,
and other open spaces.
(f)
The location, dimension and area of buffer yards, if
any.
(g)
Other major landscaping features, and
Article X – Provisions Governing Planned Unit
Developments
(h)
The general means of the disposition of sanitary
wastes and storm water.
(i)
Amenities and open space.
(Changed by Ord. 07-30.)
2.3(2.2)
A tabulation of the land area to be devoted to various uses
and activities and overall densities.
2.3(2.3)
The nature of the landholder's interest in the land proposed
to be developed and a written statement of concurrence from
all parties having a beneficial interest in the affected
property.
2.3(2.4)
A copy of the restrictive covenants, grants of easements and
restrictions to be imposed upon the land, buildings and
structures, including proposed easements for public utilities,
and an agreement signed and acknowledged by all persons
mentioned in subsection 2.3(2.3) above with the Spring Hill
Regional
Planning
Commission to impose such covenants, restrictions and
easements on the property to be recorded in the Register's
Office of the county in which the property is located. (As
amended by Ord. 86-36.)
2.3(2.5)
A stage development schedule, setting forth when the
landholder intends to commence construction and a
completion period.
2.3(2.6)
When it is proposed that the final master development plan
will be submitted in stages, a schedule of submission thereof.
If the application is deemed incomplete by the Building
Inspector, a written request shall be made within thirty (30)
days after the original submittal, for further information. In
such a case, the application shall be held in abeyance by the
Building Inspector until deemed complete for preliminary
review.
2.3(3)
Review by Other Departments of City Government.
Other departments or agencies of the city shall review the proposed planned
unit development as appropriate.
2.3(4)
Planning Commission Action on Preliminary Application for Planned Unit
Development.
Within forty-five (45) days after initial submission to the Planning
Commission, the Commission shall take action on the preliminary
application by any one of the following:
2.3(4.1)
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Unconditional preliminary approval.
Article X – Provisions Governing Planned Unit
Developments
2.3(4.2)
Conditional preliminary approval, in which the Planning
Commission expressly denotes modifications which must be
a part of the preliminary approval.
2.3(4.3)
Disapproval.
(a)
Conditional Preliminary Approval--Landholder's
Response.
When the Planning Commission's action is
conditional preliminary approval, the Commission
shall transmit, in writing by registered mail, the
conditions or modifications which must be complied
with in order that the proposed planned unit
development receive preliminary approval. Within
sixty (60) days of the transmittal of the required
modifications, the landholder may make a written
response concurring with the required modifications,
in which case, the planned unit development is
deemed to have preliminary Planning Commission
approval, at the date of the receipt by the Planning
Commission or said written concurrence. When the
landholder makes a negative reply or no reply is
received within sixty (60) days of the date of
conditional preliminary approval, the planned unit
development shall be deemed disapproved by the
Planning Commission, unless such time limit is
extended by a specific action of the Planning
Commission upon a written request of the
landholder.
(b)
Disapproval--Written Report.
Should a preliminary application of a planned unit
development be disapproved by the Planning
Commission, the Commission shall submit in
Writing the reason for its action to the landholder
within thirty (30) days after action of the
Commission.
(c)
Action by Mayor and City Council.
Upon completion of preliminary development plan
review, the Planning Commission shall forward its
report and recommendations to the Mayor and City
Council for action. Upon receipt of the Planning
Commission's report, the Mayor and City Council
shall consider such report and recommendations, the
preliminary development plan and such other
information as it may require. The Mayor and City
Council shall hold such required hearings and
otherwise proceed in the manner set forth in Article
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Article X – Provisions Governing Planned Unit
Developments
XV for consideration of an amendment to the Zoning
Ordinance.
In any instance where the Mayor and City Council
may act to approve a proposed development which
the Planning Commission had recommended for
disapproval, the Council shall provide specific
guidance as to:
(d)
(1)
Overall design of the plan,
(2)
Any modifications required, and
(3)
Any additional information which may be
required by the Planning Commission in
order for it to determine substantial
compliance between the preliminary and
final development plan.
Planned Unit Development and the Official Zoning
Map.
Upon approval by the Mayor and City Council, the
Building Inspector shall place the extent of the
planned unit development on the Official Zoning
Map identified by the ordinance number providing
approval. Similarly, in the instance of action by the
Planning Commission under Section 2.4(1) (below)
abolishing or canceling the planned unit
development, the Building Inspector shall remove
the PUD district from the Official Zoning Map.
2.4
Final Approval of the Proposed Planned Unit Development.
The approval by the Mayor and City Council of the preliminary development plan of the
planned unit development shall authorize and form the basis for the Planning Commission's
final approval of said development. The final approval by the Planning Commission of the
planned unit development shall be subject to the procedures and requirements of this
section.
2.4(1)
Application for Approval--Revocation.
Within one (1) year of the preliminary approval of a planned unit
development, the landholder may make application to the Planning
Commission for approval of a final development plan. The application shall
include all aspects of the preliminary application, the proposed final master
development plan, other required drawings, specifications, covenants,
easements, and conditions and forms of bonds as were set forth by the
Planning Commission resolution of preliminary approval. Copies of legal
documents required by the Commission for dedication or reservation of
group or common open space and/or for the creation of a non-profit
association shall be submitted in final form.
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Article X – Provisions Governing Planned Unit
Developments
In the event the applicant fails to apply for final approval or in the event the
Planning Commission finds that conditions in support of the granting of
preliminary approval have so changed as to raise reasonable question
regarding the landholder's ability to pursue the plan, the Planning
Commission may recommend revocation of the zoning approval for the
plan. Should the Planning Commission recommend withdrawal of approval
of the plan, a report of this action shall be sent immediately to the Mayor
and City Council, along with a recommendation that action be taken to
remove the planned unit development district from the Zoning Map.
2.4(2)
Final Approval Stages.
The application for final approval and the final approval by the Planning
Commission may be limited to stage as appropriate in a large planned unit
development, in compliance with Section 1.6 (above).
2.4(3)
Final Master Development Plan of a Planned Unit Development.
The application for final approval shall be sufficiently detailed to indicate
the ultimate operation and appearance of the development or portion thereof
and shall include, but not be limited to, the following:
2.4(3.1)
Final development plan drawings at a scale no smaller than
1" = 200', indicating:
(a)
The anticipated finished topography of the area
involved (contours at vertical intervals of not more
than five (5) feet).
(b)
A circulation diagram indicating the proposed
movement of vehicles, goods, and pedestrians within
the planned unit development and to and from
existing thoroughfares.
This shall specifically
include: Width of proposed streets; a plan of any
sidewalks or proposed pedestrian ways; and
any special engineering features and traffic
regulation devices needed to facilitate or insure the
safety of circulation pattern.
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(c)
An off-street parking and loading plan indicating
ground coverage of parking areas.
(d)
Areas proposed to be conveyed, dedicated or
reserved for parks, parkways, and other public or
semi-public open space uses, including any
improvements which are to be deeded as part of any
common use area.
(e)
Information regarding the physical characteristics of
the surrounding area and developments within three
hundred (300) feet of the proposed planned unit
development.
Article X – Provisions Governing Planned Unit
Developments
(f)
A plot plan for each building site and common open
area, showing the approximate location of all
buildings, structures, and improvements and
indicating the open spaces around buildings and
structures.
(g)
The location, dimension and area of buffer yards, if
any.
(h)
A plan for proposed utilities, including sewers (both
sanitary and storm), gas lines, water lines, fire
hydrants and electric lines showing proposed
connections to existing utility systems.
(Changed by Ord. 07-30.)
2.4(3.2)
A plan showing the use, height, bulk, and location of all
buildings and other structures. Any drawings used to meet
this requirement need not be the result of final architectural
decisions and need not be in detail.
2.4(3.3)
A generalized land use map and a tabulation of land area to
be devoted to various uses and activities.
2.4(3.4)
A tabulation of proposed densities to be allocated to various
parts of the area to be developed.
2.4(3.5)
A plan which indicates the location, function, and ownership
of all open spaces, excepting those open spaces included in
fee simple lots.
2.4(3.6)
Final drafts of all proposed covenants and grants of easement
(particularly those pertaining to common open space).
If the application is deemed incomplete by the Building
Inspector, a written request shall be made within ten (10)
days after the original submittal for further information. In
such case, the application shall be held in abeyance until
deemed complete for final review by the Building Inspector.
No plan shall be formally presented for Planning
Commission action until such plan is complete and ready for
review.
2.4(4)
Action on Final Plan.
In reviewing a final plan, the function of the reviewing agencies is twofold.
First, the plan must be found to be in substantial compliance with the
previously approved preliminary development plan. Secondly, all new
information must be reviewed to determine its quality and compliance with
all substantive requirements of this ordinance.
2.4(4.1)
Review Procedure.
(a)
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Application for final approval shall be made by the
Planning Commission.
Article X – Provisions Governing Planned Unit
Developments
(b)
The completed final plan must be submitted to the
Building Inspector twenty (20) days prior to the
meeting of the Commission at which the plan is to be
presented. Fifteen (15) copies of the plan and related
documents will be required.
(c)
Within thirty (30) days subsequent to the formal
presentation of the final plan to the Planning
Commission, it shall be the duty of the Building
Inspector to present data and findings of the various
departments and agencies of the government
concerning the proposed plan to the Planning
Commission.
(d)
In the course of its consideration and prior to any
final approval, the Planning Commission shall give
notice and provide each of the following an
opportunity to be heard:
(e)
2.4(4.2)
(1)
Any person who is on record as having
appeared at the formal public hearing on the
preliminary development plan.
(2)
Any other person who has indicated to the
Planning Commission in writing that he
wished to be notified.
The Planning Commission may approve the final
plan if it finds:
(1)
That the final plan meets the provisions for
substantial compliance with the preliminary
plan set forth in Section 2.5 of this article.
(2)
That the plan complies with all other
standards for review which were not
considered when the preliminary plan was
approved.
Approval With Modification.
Should the Planning Commission require any modification
in the final development plan or any portion thereof,
including covenants, etc.; such modifications shall be agreed
to by the applicant in writing prior to formal acceptance and
filing of the final development plan.
The Planning Commission shall transmit in writing by
registered mail the conditions or modifications which must
be complied with in order that the proposed planned unit
development receive final approval.
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Article X – Provisions Governing Planned Unit
Developments
Within sixty (60) days of the transmittal of the required
modifications, the landholder may make a written response,
concurring with the required modifications, in which case
the planned unit development is deemed to have final
Planning Commission approval, at the date of the receipt by
the Planning Commission of said written concurrence.
Where the landholder makes a negative reply within sixty
(60) days of the date of conditional final approval, the
planned unit development shall be deemed disapproved,
unless such time limit is extended by a specific action of the
Planning Commission upon written request of the
landholder.
2.4(4.3)
Filing of an Approved Final Development Plan.
Upon formal action by the Planning Commission approving
a final development plan, or in the instance of conditional
final approval upon acceptance of the modifications as set
forth in Section 2.4(4.2) (above), said plan and all maps,
covenants, and other portions thereof shall be filed with the
following agencies:
2.4(4.4)
(a)
The Mayor and City Council;
(b)
The City Engineer;
(c)
The Building Inspector; and
(d)
The County Register.
Disapproval.
If the Planning Commission finds that the final plan does not
meet the test for substantial compliance with other standards
of review, it shall disapprove the plan. In the event of
disapproval, a written report shall be prepared by the
Planning Commission and sent to the applicant. This report
shall detail the grounds on which the final plan was denied,
to specifically include ways in which the final plan violated
the substantial compliance provisions or other standards of
review.
2.5
Determination of Substantial Compliance.
The final development plan shall be deemed in substantial compliance with the preliminary
development plan provided modifications by the applicant do not involve changes which
in aggregate:
2.5(1)
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Violate any provisions of this chapter;
Article X – Provisions Governing Planned Unit
Developments
2.6
2.5(2)
Vary the lot requirement as submitted in the preliminary plan by more than
ten percent (10%);
2.5(3)
Involve a reduction of more than five percent (5%) of the area shown on the
preliminary development plan as reserved for common open space and/or
usable open space;
2.5(4)
Increase the floor area proposed in the preliminary development plan for
nonresidential use by more than five percent (5%); and
2.5(5)
Increase the total ground area covered by buildings by more than two
percent (2%).
Failure to Begin Planned Unit Development.
If no “actual construction” has begun in the planned unit development within the time
periods outlined in Article IV Section 8.4 (Expiration of Approved Applications), approval
shall have expired.
2.7
Enforcement of the Development Schedule.
The construction and provision of all common open spaces and public and recreational
facilities which are shown on the final development plan must proceed at no slower rate
than the construction of dwelling units. From time to time, the Planning Commission shall
compare the actual development accomplished with the approved development schedule.
If the Commission finds that the rate of construction of dwelling units or other commercial
or industrial structures is substantially greater than the rate at which common open spaces
and public and recreational facilities have been constructed and provided, then the Planning
Commission may take either or both of the following actions:
2.7(1)
Cease to approve any additional final plats.
2.7(2)
Instruct the Building Inspector to discontinue issuance of building permits.
In any instance where the above actions are taken, the Planning Commission shall gain
assurance that the relationship between the construction of dwellings or other structures of
a commercial or industrial nature and the provision of common open spaces and public and
recreational facilities is brought into adequate balance prior to the continuance of
construction.
2.8
Building Permits and Certificates of Zoning Compliance.
Building permits and certificates of zoning compliance shall be issued for uses, buildings
and other structures in planned unit developments in accordance with this article;
otherwise, permits and certificates shall be issued in accordance with the other applicable
provisions of this ordinance as applicable.
2.8(1)
Building Permit.
A building permit may be issued for structures, buildings, activities, or uses
as a part of a finally adopted planned unit development only in strict
compliance with the final development plan of the particular planned unit
development as adopted, including the conditions of approval and only after
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Article X – Provisions Governing Planned Unit
Developments
the administrative procedure outlined in this section has been strictly
adhered to. No building permit shall be issued for the area included in a
preliminary planned unit development until a final development plan has
been adopted.
2.8(2)
Certificate of Zoning Compliance.
A certificate of zoning compliance shall be issued only when the Building
Inspector determines that the structure, building, activity, or use as a part of
a planned unit development conforms with the particular adopted final
development plan, including the conditions of its approval or approves any
modification under the provision of Section 2.9 (below).
2.9
Minor Changes to an Adopted Final Planned Unit Development Plan.
Minor modifications in the terms and conditions of the adopted final development plan
may be made from time to time as provided in the following paragraphs. Any proposed
modification which is not permitted under these provisions may be approved only as an
amendment in the adopted final development plan.
2.9(1)
Minor Modifications Permitted During Construction.
The Building Inspector may approve minor modifications in the location,
siting, and height of buildings and structures if required by engineering or
other circumstances not foreseen at the time the final development plan was
approved, so long as no modification violates the basic policy and concept
of the planned unit development as presented in the preliminary
development plan nor bulk and open space regulations. The total of such
modifications approved by the Building Inspector shall never in aggregate
result in:
2.9(2)
2.9(1.1)
An increase in the residential density;
2.9(1.2)
An increase of more than three percent (3%) in the floor area
proposed for nonresidential use in a commercial or industrial
nature;
2.9(1.3)
An increase of more than three percent (3%) in the total
ground area covered by buildings; or
2.9(1.4)
A reduction of more than two percent (2%) in the area set
aside for common open space.
Minor modifications in the location of streets and underground utilities may
be approved under this section.
2.9(2.1)
Subjects Not Included for Modification.
The proposed addition of any use not approved in the final
development plan, as well as any increase in the number of
dwelling units permitted, building height, decreases in the
parking requirements, and vision clearance area, are not
subjects for adjustments by the Building Inspector. Any
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Article X – Provisions Governing Planned Unit
Developments
proposed modifications of any of the above may be made
only as amendments to the adopted final development plan.
2.9(2.2)
Minimum Adjustments Only.
The modification must be held to the minimum necessary.
The Building Inspector must find that each of the following
conditions apply to the adjustment.
2.10
(a)
Practical Difficulties or Unnecessary Hardship. That
strict application of the provisions of this ordinance
would result in practical difficulties or unnecessary
hardship.
(b)
Extraordinary Circumstances.
That there are
exceptional or extraordinary circumstances or
conditions applying to the land, buildings or uses
referred to in the application, which circumstances or
conditions do not apply generally to other land,
buildings or uses in the same district.
(c)
Not Detrimental. That granting the application will
not be detrimental to the public welfare or injurious
to property or improvements in the neighborhood of
the premises.
(d)
Health or Safety Not Adversely Affected. That
granting the application under the circumstances of
the particular case will not adversely affect the health
or safety of persons working or residing in the
neighborhood containing the property of the
applicant.
(e)
Maintains Intent of Ordinance and the Development
Plan. That such adjustment is within the intent and
purpose of the ordinance and will not adversely
affect the community objectives of the
comprehensive plan.
Amendments in an Approved Final Development Plan During the Period of Initial
Construction.
During the period of actual development or construction of any planned unit development,
or (when developed in stages) of any portion of the total development, the provisions of
this section shall apply to all proposed modifications which exceed the minor adjustments
permitted by Section 2.9 (above). Once a certificate of completion has been issued, thereby
signaling completion of the initial development of any planned unit development or portion
there, any further changes or alterations shall be governed by the provisions of Section 2.11
(below).
All proposed additions of uses not approved in the final planned unit development plan, as
well as any decreases in the number of parking spaces or vision clearance area, shall be
subject to these provisions. In addition, all minor modifications which exceed the
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Article X – Provisions Governing Planned Unit
Developments
cumulative changes in the ground coverage ratio, etc., permitted under Section 2.9 shall be
governed by the provisions of this section.
2.10(1)
Addition of Uses Not Authorized in the Approved Development Plan, But
Allowable Within the Planned Development District.
The proposed addition of any use not authorized within an approved final
development plan but allowable within the planned development district
may be added to the plan only when approved as provided herein.
The Planning Commission shall hear all such proposed amendments. In the
course of its consideration of any alteration presented hereunder, the
Planning Commission shall hold a public hearing for all residents and other
parties who, in the judgement of the Planning Commission, have an interest
in the amendment.
Said hearing is held for the purpose of determining whether or not the
proposed addition so alters the approved plan as to change the basic policy
and concept of that plan.
If the Planning Commission determines that the proposed amendment alters
the plan, its action shall be in the form of a submission to the Mayor and
City Council for concurrence and the Planning Commission may adopt an
amendment to the final plan only with an amended preliminary plan as a
basis for such action. A report detailing the action recommended by the
Planning Commission shall accompany the submission to the Mayor and
City Council. If the Planning Commission determines that the proposed
amendment is a minor modification consistent with the preliminary plan, it
may take final action on the amendment.
2.10(2)
Addition of Residential Density, Floor Area of Nonresidential Uses and All
Other Changes, Other Than Changes in Use, Not Authorized in the
Approved Development Plan, But Allowable Within the Planned
Development District.
All proposed additions other than the additions of uses governed by Section
2.10(1) (above), including the addition of residential density or
nonresidential use area which exceed the minor changes permitted under
Section 2.9 and were not authorized in the approved development plan, but
are allowable within the planned development district, shall be considered
as provided herein.
All amendments to an approved development plan proposed under this
section shall first be presented to the Planning Commission for a
recommendation. In the course of its consideration of any amendment
proposed hereunder, the Planning Commission may hold a public hearing
for all residents and parties, who, in the judgement of the Planning
Commission, have an interest in the amendment.
The Planning Commission shall hear the proposed amendment and shall
forward its recommendation to the Mayor and City Council for action. The
Mayor and City Council shall hold a public hearing for all residents and
other interested parties prior to any final action on any amendment proposed
hereunder. Should the Mayor and City Council concur in the proposed
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Article X – Provisions Governing Planned Unit
Developments
amendment to the final development plan, the Planning Commission may
adopt said amendment only with an amended preliminary plan as a basis for
such action.
2.10(3)
Proposed Changes in a Development Plan Which Are Not Allowable
Within the Planned Development District.
All other changes in the adopted final development plan exceeding those
limits established for the planned development district must be made by the
Mayor and City Council under the procedures authorized by this ordinance
for amendment. However, prior to any action by the Mayor and City
Council on a proposed amendment, the Planning Commission shall study
the proposed amendment and shall prepare a report which will detail its
recommendation on the proposed alteration and the reasons therefor. This
report shall be submitted to the Mayor and City Council prior to any final
action on the proposed amendment.
2.11
Control of Planned Unit Development Following Completion.
2.11(1)
Issuance of Certificates of Completion.
Upon completion of a planned unit development, or when developed in stages, of
any portion of said development, the Planning Commission shall issue a certificate
certifying this fact, and the Building Inspector shall note the issuance of the
certificate on the recorded final development plan.
2.11(2)
Changes in the Use of Land or Bulk of Structures Within a Planned
Development After Completion.
After the certificate of completion has been issued, the use of land and the
construction, modification, or alteration of any buildings or structures
within the planned development will be governed by the approved final
development plan, rather than by any other provisions of this ordinance. No
changes may be made in the approved final development plan except upon
application to the appropriate agency under the procedures provided below:
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2.11(2.1)
Any minor extensions, alterations, or modifications of
existing buildings or structures may be authorized by the
Board of Appeals if the extensions, alterations or
modifications are consistent with the purposes and intent of
the recorded final development plan. No change authorized
by this section may increase the cube of any building or
structure by more than ten percent (10%).
2.11(2.2)
Any uses not authorized by the approved final development
plan, but allowable in the base zoning district within which
the planned development is located as a permitted use or as
a conditional use, may be added to the recorded final
development plan under the procedures provided by this
ordinance for the approval of conditional uses.
2.11(2.3)
A building or structure that is totally or substantially
destroyed may be reconstructed only in compliance with the
Article X – Provisions Governing Planned Unit
Developments
final development plan unless an amendment to the final
development plan is approved as set forth below.
2.11(3)
2.11(2.4)
Changes in the use of common open space may be
authorized by an amendment to the final development plan
provided that no amendment approved hereunder may act to
abrogate or annul any covenant which provides for the use,
operation, or continuance of the common open space.
2.11(2.5)
All other changes in the final development plan must be
made by the Mayor and City Council, under the procedures
authorized by this ordinance for amendment of the zoning
map. No changes may be made in the final development
plan unless such changes are required for the continued
successful functioning of the planned development or unless
such are required by changes in conditions that have
occurred since the final plan was adopted or by changes in
the development policy of the community.
2.11(2.6)
No changes in the final development plan which are
approved under this section are to be considered as a waiver
of the covenants limiting the use of land, buildings,
structures and improvements within the area of the planned
development, and all rights to enforce these covenants
against any changes permitted by this section are expressly
reserved.
Resubdivision of a Planned Unit Development After Completion.
A planned development may be subdivided and resubdivided for purposes
of sale or lease after the certificate of completion has been issued under the
procedures set forth below:
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2.11(3.1)
If the subdivision or resubdivision of a planned development
will create a new plot line, the applicant shall make
application to the Planning Commission for the approval of
a subdivision or resubdivision. The Planning Commission
may approved the subdivision or resubdivision if each
section of the subdivided planned development meets the
provisions of this article governing density, common open
space, and dimensional requirement.
2.11(3.2)
All sections of a subdivided or resubdivided planned
development are to be controlled by the final development
plan rather than by the provisions of the Zoning Ordinance
that otherwise would be applicable. The provisions of
Section 2.11(2) governing changes in the final development
plan will apply.
2.11(3.3)
The owners or lessees of a subdivided or resubdivided
planned development may jointly make application for
special exception or for an amendment to the adopted final
development plan.
Article X – Provisions Governing Planned Unit
Developments
Section 3.
3.1
Residential Planned Unit Development.
Purposes and Intent of a Residential Planned Unit Development
A residential planned unit development shall only be allowed in the R-2,
Residential (Medium Density) District. A residential planned unit development is
designed to accomplish the following:
3.2
3.1(1)
To encourage variety, flexibility and innovation in land
development and land use for basically residential areas
which are consistent with the overall goals and objectives of
the long-range general plan.
3.1(2)
To provide a harmonious blending with the surrounding
development, minimizing such negative influences as land
use conflicts, heavy traffic congestion and excessive
demands on existing or proposed public facilities.
3.1(3)
To provide for increased safety, amenity and livability
through improved design.
3.1(4)
To provide open space.
3.1(5)
To provide for the best use of the site consistent with the
goals of protecting and enhancing the natural environment.
General Standards Governing Project Approval.
The Planning Commission shall consider the proposed planned unit development from the
point of view of the standards and purposes of the regulations governing the residential
planned unit development so as to achieve a maximum of coordination between the
proposed development and the surrounding uses; the conservation of woodland and the
protection of water courses from erosion and siltation; and a maximum of safety,
convenience and amenity for the residents of the development. To these ends, the Planning
Commission shall consider the location of buildings, parking areas and other features, such
as streams and trees; the efficiency, adequacy and location of green areas provided; the
adequacy, location, and screening of the parking areas; and such other matters as the
Planning Commission may find to have a material bearing upon the stated standards and
objectives of these regulations.
3.3
Activities Permitted Within a Residential Planned Unit Development.
Single-detached dwellings shall be allowed in a residential planned unit development. The
Planning Commission may consider a proposed residential planned unit development with
alternative types of dwellings. If attached dwellings are proposed within a residential
planned unit development, then no more than twenty-five (25) percent of any remaining
net development area for the site shall be allowed for such dwellings. The area within the
residential planned unit development consisting of any attached dwellings shall be
separated from single-detached dwellings by open space. The types of attached dwellings
that shall be allowed in a residential planned unit development are townhouses, triplex
dwellings, quadruplex dwellings and zero-lot line dwellings.
3.4
Minimum Size of Residential Planned Unit Developments.
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Article X – Provisions Governing Planned Unit
Developments
A residential planned unit development shall not contain less than five (5) acres.
3.5
Density Permitted.
The maximum number of dwelling units permitted shall be calculated as follows:
3.5(1)
3.5(2)
3.6
From the gross residentially zoned site shall be subtracted:
3.5(1.1)
All land to be utilized as public street right-of-way.
3.5(1.2)
Any portion of the site lying within a Floodway District.
3.5(1.3)
Any portion of the site utilized for detention or retention,
drainage swales and ditches, wetlands or other unusable
land.
The remaining net development area is then multiplied by a factor of not
more than twelve (12) dwelling units per net acre. Any fractions of .5 or
greater will be rounded to the next whole number.
Open Space Requirements.
Within any development approved under the provisions of this section, open space shall be
provided which is usable land to the Residential PUD development for residents for
recreational or passive use and adequate to:
(a)
Buffer both internal and external activities from objectionable or conflicting
characteristics associated with such uses.
(b)
Assure adequate space, light and air, along with visual and acoustical privacy.
(c)
Assure reasonable protection of surrounding uses from possible negative effects
resulting from a greater density or intensity of use which may be permitted within
any planned unit development district.
(d)
Assure adequate protection from fire and adequate spacing of buildings.
3.6(1)
Ownership of Open Space.
Any open space located within a residential planned unit development shall
be under the direct and continuing control of:
3.6(2)
3.6(1.1)
An individual, or
3.6(1.2)
A maintenance association created to hold and maintain such
property.
Use of Open Space.
All open space shown on a development plan of any residential planned unit
development shall be indicated as to its intended use. In this regard, such
property shall be designated as:
3.6(2.1)
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Shared general public use area.
Article X – Provisions Governing Planned Unit
Developments
3.6(2.2)
Shared limited use area.
3.6(2.3)
Private use area.
Private or shared limited use areas shall generally be provided as required
herein for all dwelling units located within a residential planned unit
development. Such areas shall be designed so as to assure privacy and
control of access by and for the exclusive use of the intended residents. In
any instance where an alternative to this provision is recommended, the
Planning Commission shall make a specific finding (and enter its finding
into its recommendation to the Board of Mayor and Aldermen) that an equal
or greater measure of controlled use outdoor living area is to be provided.
3.7
Lot Size and Coverage.
The lot size for all single family detached residential structures shall be a minimum of
6,000 square feet.
(Changed by Ord. 09-31).
In a residential planned unit development where townhouses, triplex dwellings, quadruplex
dwellings and zero-lot line dwellings are allowed, each dwelling unit shall on its own lot
have one (1) yard containing not less than seven hundred and fifty (750) square feet. This
yard shall be reasonably secluded from view from streets and from neighboring property
and shall not be used for off-street parking or for accessory buildings.
3.8
Access Requirement.
Every dwelling shall be located on a lot adjacent to a public street, or with access to a
private street approved for said lot. All structures shall be so located on lots as to provide
safe and convenient access for servicing, fire protection, and required off-street parking.
3.9
Setback Requirement.
For all structures located within the internal portion of the site, the following setbacks shall
apply:
Minimum distance between structures and street right-of-way line……………...…20 feet
Minimum spacing between structures…...………………………………………….15 feet
Minimum distance between structures and rear lot lines……………………………30 feet
Minimum distance between structures and side lot lines…………………………….5 feet
(Changed by Ord. 09-31).
In addition to the provisions set forth above, for structures or portions of any lots located
along the periphery of the site, the setback provisions established for the district located
adjacent to a residential planned unit development shall apply.
3.10
Pedestrian Circulation.
The pedestrian circulation system and its related walkways shall be insulated as completely
as possible from the street system in order to provide separation of pedestrian and vehicular
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Article X – Provisions Governing Planned Unit
Developments
movements. This may include, where deemed necessary by the Planning Commission,
pedestrian underpasses and overpasses in the vicinity of schools, playgrounds, local
shopping areas and other neighborhood uses which generate a considerable amount of
pedestrian traffic.
3.11 Amenities
All Residential PUD developments shall contain an amenities package consisting of features
that allow recreation and other activities for the residents of that development. Amenity
features shall be of a type such as greenway trails, playgrounds with permanent equipment,
clubhouse, swimming pools, soccer fields and ball fields. The amenity features shall be
presented with the Application for Preliminary Approval submitted as to allow proper
review by the Planning Commission. Equipment listings, sizes, details and literature of these
features shall be submitted as part of the Planning Commission review.
The amenities shall be required to be constructed and in place for use by the residents of the
Residential PUD development at the point of 50% completion of the phase or section
containing the proposed amenities. The 50% completion will be based on the number of
dwelling units (houses, apartments, town homes, condominiums, etc) constructed in which
a Certificate of Occupancy (CO) has been issued.
3.12
Height Restrictions.
In general, the height restrictions applicable within an R-2, Residential (Medium Density)
District shall apply to all uses permitted within a residential planned unit development.
However, the Planning Commission may act to restrict height in any instance where visual
privacy of adjoining property may be threatened as a result of height variation along the
periphery of an residential planned unit development. All structures exceeding fifty (50)
feet in height are subject to specific approval by the City Fire Department and the Building
Official.
3.13 Parking Requirements.
Two (2) parking spaces for every dwelling unit shall be required. If additional parking
spaces are also required, they shall be grouped in off-site, off-street areas. The maximum
number of parking spaces allowed for these parking areas shall be six (6) spaces per area.
The location of these parking areas shall be determined by the Planning Commission at the
preliminary phase.
Section 4.
4.1
Commercial Planned Unit Department.
Intent. These districts are designed to accomplish the following:
4.1(1)
To encourage the clustering of commercial activities within areas
specifically designed to accommodate the activities and to discourage the
proliferation of commercial uses along major thoroughfares and
noncommercial areas;
4.1(2)
To provide for the orderly development of commercial activities so that any
adverse impact on surrounding uses and on the general flow of traffic can
be ameliorated;
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Article X – Provisions Governing Planned Unit
Developments
4.1(3)
To encourage an orderly and systematic development design providing for
rational placement of activities, parking and auto circulation, pedestrian
circulation, ingress and egress, loading, landscaping, and buffer strips; and
4.1(4)
To encourage commercial development which is consistent with the longrange general plan for the city.
This section shall only be used for commercial planned unit developments upon a
determination by the Planning Commission that the proposed development is in
harmony with the purpose and intent as stipulated herein.
4.2
Types of Commercial Planned Unit Development.
Two (2) basic types of commercial planned unit development are as follows:
4.2(1)
Commercial Planned Unit Development--General.
4.2(2)
Commercial planned unit development--general, is intended to
provide a framework for a moderately wide range of activities and
shopping centers, including office parks, regional shopping centers,
community shopping centers, special purpose shopping centers,
residential uses following the guidelines as set forth in Article VI, Section
5 or Article VI, Section 6, but excluding commercial planned unit
development--convenience.
Commercial Planned Unit Development--Convenience.
Commercial planned unit development--convenience is intended to provide
for unobstructive, small convenience shopping in close proximity to or
within residential areas.
4.3
Location and Required Area of Commercial Planned Unit Development.
4.3(1)
Review of Adopted Long-Range General Plan.
In no event shall the location, composition, and extent of a proposed
commercial planned unit development be approved unless such proposed
development is consistent with the actions and policies regarding land
development adopted by the Planning Commission.
4.3(2)
Market Analysis for Commercial Planned Unit Development.
The Planning Commission may require a market analysis for any proposed
commercial planned unit development. The market analysis will be
utilized, among other things, to determine the impact of the proposed
development on the long-range development of the commercial land use in
the Spring Hill area, to determine the timing of any proposed development,
to limit the extent of planned unit development--general, to limit the extent
of planned unit development--convenience serving a particular residential
area; to ascertain the effects of a proposed development upon land zoned
for commercial purposes; to form a basis for evaluating the estimated effects
on traffic, and other purposes which assist in understanding of the public
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Article X – Provisions Governing Planned Unit
Developments
interest pertinent in the evaluation of a proposed development. The market
analysis, if required, shall be provided by the landholder and the landholder
shall provide any other economic data or analysis as may be reasonably
requested by the Planning Commission or Mayor and City Council.
4.3(3)
Regulation of Access to Planned Unit Development.
The commercial planned unit development--general shall be limited to
locations which have direct access to arterial and collector streets as located
on the adopted Major Thoroughfare Plan of Spring Hill.
This limitation shall not apply to commercial planned unit development-convenience.
4.3(4)
Minimum Required Site.
The minimum site of a commercial planned unit development shall be:
4.4
4.3(4.1)
Commercial planned unit development--convenience: as
required to meet other provisions of this section.
4.3(4.2)
Commercial planned unit development--general: Five (5)
acres.
Activities Permitted Within Commercial Planned Unit Development Districts.
The activities indicated below may be permitted within the district indicated, subject to
approval of each specific use within the overall plan of development for the district. Any
use not approved within a master planned unit development plan or subsequent amendment
thereto is prohibited.
4.4(1)
Commercial Planned Unit Development--General.
Any use or activity permitted by right or by special exception within any
commercial district may be permitted within a commercial planned unit
development--general, to the extent such activities are approved within a
master planned unit development plan.
4.4(2)
Commercial Planned Unit Development--Convenience.
Any use or activity permitted by right or by special exception within any B1 Office Zone District or B-2 Neighborhood Shopping District may be
permitted within a planned unit development--convenience, to the extent
such activities are approved within a master development plan and subject
to the specific limitations upon the design and operation (appearing below)
for these districts.
4.5
Bulk Regulations for Commercial Planned Unit Development.
The intensity and building height requirements for commercial planned unit developments
shall be as follows:
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Developments
4.5(1)
Floor Area Ratio, Commercial Planned Unit Development.
The maximum floor area ratio (FAR) shall be calculated so as not to include
minimum space for required off-street parking within a building on the site
of the planned unit development. Any parking provided above such
required minimum within such a building shall be included in calculating
the floor area ratio. The maximum floor area ratio for the various types of
commercial planned unit development shall be:
TYPE OF COMMERCIAL PUD
Floor Area Ratio
4.5(2)
4.6
General
Convenience
1.00
35
Building Height.
4.5(2.1)
The height limitation within a commercial planned unit
development convenience is fifty (50) feet.
4.5(2.2)
The height limitation for structures within a commercial
planned unit development--general is fifty (50) feet. *
Open Space Requirements.
The following open space requirements shall be applied to the various types of commercial
planned unit developments.
4.6(1)
Provisions Applicable to Commercial Planned Unit Development--Convenience.
4.6(1.1)
Minimum Yard Requirements.
A front yard twenty (20) feet in depth shall be provided, and
where the lot adjoins a street on more than one side, a yard
twenty (20) feet in depth shall be provided adjacent to all
streets. Side yards shall be ten (10) feet in width adjacent to
residential lots; but where the side of the lot is adjacent to a
lot on which another convenience establishment is located,
or is being constructed, or is definitely to be constructed, no
side yard need be provided if the structures involved are to
have a common or party wall, or are to have no space
between walls of adjacent structures housing convenience
establishments or their accessory uses. Rear yards shall be
*
All structures exceeding fifty (50) feet in height shall require approval by the City
Fire Department.
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Article X – Provisions Governing Planned Unit
Developments
NOTE:
twenty-five (25) feet in depth and a minimum Buffer Yard
of twenty-five (25) feet shall be required.
4.6(1.2)
Landscaping
Appearance.
Requirements;
Buffering;
Control
of
A landscape Buffer Yard shall be provided along lots
which adjoin lots of residential use, not less than twentyfive (25) feet in width. No landscaping adjacent to a street
shall be of a nature which impairs visibility of or from
pedestrians.
Where the site plan indicates adverse effects of parking or
other characteristics of a use on the lot on which the
convenience facilities are to be located a Buffer yard shall
be required to be erected and maintained in such manner as
to eliminate such effects or reduce them to an acceptable
level. Such buffering shall at a minimum prevent lights
from automobiles parked or maneuvering incidental to
parking from shining across adjacent residential property
below a height of five (5) feet at the residential lot line, or
from shining into any residential windows if there is to be
parking on the premises after dark.
(Changed by Ord. 07-30.)
4.6(2)
Provisions Applicable to Commercial Planned Development--General
4.6(2.1)
Minimum Open Space Requirements.
Commercial planned unit development--general shall have
the following minimum width of open space from the site
boundary to the nearest building line within the planned unit
development.
Location of
Open Space
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(Width in
Lineal Feet)
(a)
Side of buildings where
vehicular access and/or
egress is from a public
street and where vehicles
stand or park in open space.
60
(b)
Side and rear abutting
residential district
with no intervening street.
60
(c)
Front and all other side
and rear locations.
15
Article X – Provisions Governing Planned Unit
Developments
4.6(2.2)
4.7
To assist in the prevention of the transmission of light and
noise from within a commercial planned unit development
into any abutting residential district, screening shall be
required where a commercial planned unit development-general abuts or is contiguous to any residential district,
without an intervening public street; but with or without an
intervening alley or other public way, there shall be provided
within the commercial planned unit development, but not
within a public street or alley, continuous screening along
the extent of the contiguity of the said districts. Such
screening shall be of opaque or translucent materials
resistant to deterioration by natural causes, or it shall be of
such plant materials as will provide a year-round evergreen
screening. Screening, as provided herein, shall be not less
than six (6) feet in height, shall be provided from the grade
of the property upward, and shall be permanently
maintained.
Provisions Governing Off-Street Parking and Loading.
4.7(1)
Approval of Vehicular Circulation Plan.
The portions of the plan relating to location and design of ingress and egress
traffic control, arrangement of off-street parking and loading facilities, and
internal circulation shall be referred to the City Engineer for study, and no
commercial planned unit development shall be approved by the Planning
Commission without the City Engineer's written approval of the plan as
submitted, or, if his approval is conditional, the inclusion of the conditions
in the approval by the Planning Commission. Additional conditions and
safeguards on such matters may be included by the Planning Commission
or Mayor and City Council.
4.7(2)
General Provisions.
The number of parking and loading spaces provided, the design of parking
areas and the surfacing of those areas shall be in accordance with the
provisions of the base zoning district which the commercial PUD overlays.
Where practicable, off-street parking facilities for groups of commercial
establishments shall be combined, but the total number of spaces required
in such combination shall equal the sum of the numbers required for each
of the individual establishments or uses. Spaces for the patrons or
employees of individual establishments need not be marked as reserved, but
the site plan shall show spaces as related to uses in such a way that it can be
determined at any time that individual responsibility for provision of space
has been met and maintained.
4.7(3)
Landscaping Within Parking Areas.
For the first twenty thousand (20,000) square feet of contiguous paved
parking area, a permanently maintained landscaped area of a minimum of
one thousand (1,000) square feet shall be provided. For all area above
twenty thousand (20,000) square feet, six (6) percent of the contiguous
paved area shall be maintained in landscaped area.
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Article X – Provisions Governing Planned Unit
Developments
All parking and loading areas fronting public streets, sidewalks/walkways,
or residential districts or uses shall provide:
a.
A landscaped area at least fifteen (15) feet in depth (as to
allow for both trees and shrubs) along the public streets,
sidewalks/walkways or residential districts (new or
existing).
b.
Screening at least five (5) feet in height and not less than
fifty (50) percent transparent at any time of the year.
c.
One tree (minimum three (3) inch caliper) for each thirtyfive (35) linear feet of parking, loading or residential
district frontage.
(Changed by Ord. 07-30.)
4.7(4)
Lighting of Parking Areas.
Parking areas and pedestrian ways on the premises shall be lighted to an
intensity of at least .06 foot candle. No such lighting shall be directed in a
manner which illuminates adjoining residential premises and no source of
incandescent or mercury vapor illumination shall be directly visible from
any residential property.
4.7(5)
Vehicular Access Locations.
Vehicular access locations shall be provided so that vehicles entering or
departing a commercial planned unit development site shall do so only at
such locations.
Elsewhere, along the property lines of said commercial planned unit
development, a physical separation between the said site and public rightsof-way shall be provided. A vehicular access location shall consist of such
entrance and exit driveway openings so designed and located so as to
minimize hazardous vehicular turning movements and traffic congestion.
No vehicular access location serving a commercial planned unit site shall
be within one hundred (100) feet of the intersection of street right-of-way
lines, bounding, in part, the same commercial planned unit development
site.
4.8
Miscellaneous Provisions Applicable to Commercial Planned Unit Development-Convenience.
4.8(1)
Distance to Alternate Facilities or Locations.
No such convenience establishment shall be permitted closer than one
thousand (1,000) feet to the boundary of any district where similar facilities
are generally permitted, nor shall any new establishment of a specific kind
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Article X – Provisions Governing Planned Unit
Developments
4.8(2)
be located within one thousand (1,000) feet of an active establishment of
the same nature found suitable for supplying the same needs for the general
area involved, provided, however, that medical and dental offices may
include groups or combinations of physicians and dentists. Measurement
of distance indicated shall be along usual routes of pedestrian travel.
Grouping of Convenience Establishments.
Strong preference shall be given to locating complementary additions in the
immediate vicinity of existing convenience establishments of other types in
patterns which facilitate easy pedestrian circulation from the surrounding
area and from one establishment to another, and to arrangements which
encourage joint uses of parking areas and automotive entrances and exits.
In a case where a proposed location is suitable for later addition of other
permitted convenience facilities, an isolated food service or general
personal service activity may be permitted. Separate medical service
activities (other than professional offices conducted as accessory uses in
residences of such physicians and dentists) shall also be so located unless
substantial public advantage can be demonstrated for other locations.
4.8(3)
Maximum Size of Establishments.
In the environment in which convenience establishments are intended to be
permitted, it is the intent of this section that no such establishment or group
of establishments shall be of such size or character as to create the
impression of general commercial development. Therefore, in addition to
other limitations designed to achieve these ends, no individual convenience
establishment shall have a gross floor area exceeding five thousand (5,000)
square feet.
4.8(4)
Hours of Operation.
Except for emergency activities at the offices of physicians and dentists, no
convenience establishment shall be open for business between the hours of
11:00 p.m. and 6:00 a.m.
4.8(5)
Conduct of Operations.
All sales, service, or display in connection with convenience establishments
shall be within completely enclosed buildings, and there shall be no display,
service, or storage outside such buildings. No public address systems or
other devices for reproducing or amplifying voices or music shall be
mounted outside such buildings or be audible beyond any line of the lot on
which the building is situated.
4.8(6)
Exterior Storage.
Exterior storage of goods or materials of any kind is prohibited. The
placement of waste disposal facilities is permitted in the rear of the
commercial operation only and shall not be located in any required yard.
Such facilities shall be totally screened using similar exterior materials from
which the outside walls of the principal building are constructed and shall
be maintained in a clean and orderly manner.
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Article X – Provisions Governing Planned Unit
Developments
Section 5.
5.1
Intent.
5.1(1)
5.1(2)
5.2
Industrial Planned Unit Development.
These districts are designed to accomplish the following:
5.1(1.1)
To provide sufficient opportunity and flexibility for
manufacturing activities to take place at feasible locations
without an adverse impact upon surrounding nonmanufacturing areas.
5.1(1.2)
To permit a broad group of manufacturing activities under
controlled conditions.
5.1(1.3)
To encourage the application of sound planning and design
principles in the orderly development of manufacturing
activities.
5.1(1.4)
To provide for the integration of manufacturing activities
into large scale developments which incorporate residential
and commercial as well as industrial activities.
5.1(1.5)
To maximize manufacturing potentialities within the
community without adversely affecting its living
environment.
This section shall only be used for industrial planned unit development upon
a determination that the proposed development is in harmony with the
purpose and intent as stipulated herein.
Location and Site of Industrial Planned Unit Development.
The location and required area of IPUD Districts shall be as follows:
5.2(1)
Location.
An industrial planned unit development may be developed independently
or as part of a combined planned unit development as set forth in Section
1.5 of this article, provided:
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5.2(1.1)
The location, composition and extent of any proposed
industrial planned unit development is consistent with the
adopted long-range general plan.
5.2(1.2)
The site of the proposed development possesses
manufacturing locational attributes, such as proximity and
immediate access to major thoroughfares, rail service,
adequate utilities and fire protection.
5.2(1.3)
The proposed development of the site will not have an
adverse impact on the surrounding areas, such as the
generation of high volumes of traffic or truck traffic through
future or existing residential areas.
Article X – Provisions Governing Planned Unit
Developments
5.2(2)
Minimum Required Area.
The required minimum area within an industrial planned unit development
district shall be as follows:
5.3
5.4
5.2(2.1)
For an IPUD location within or contiguous to an existing
industrial district--ten (10) acres.
5.2(2.2)
For an IPUD located within any area which is not within or
contiguous to an existing industrial district--fifteen (15)
acres.
Uses Permitted Within Industrial Planned Unit Development. (As Amended by Ord. 8517)
5.3(1)
Those uses permitted within M-1, Light Industrial Districts, in which
instance the IPUD shall be further classified as a Light IPUD (LIPUD).
5.3(2)
Those uses permitted within M-2, Heavy Industrial Districts, in which
instance the IPUD shall be further classified as a Heavy IPUD (HIPUD).
5.3(3)
Those uses permitted on appeal within M-3, Special Industrial Districts, in
which instance the IPUD shall be further classified as Special IPUD
(SIPUD).
Bulk Regulations for Industrial Planned Unit Development.
The following building, site and yard requirements shall be applied in industrial planned
unit developments.
5.4(1)
Floor Area Ratio.
The maximum floor area ratio for an industrial planned unit development
shall be as follows:
5.4(2)
5.4(1.1)
For the IPUD located within or contiguous to an existing
industrial district: FAR: 2.00.
5.4(1.2)
For an IPUD located within any area not within or
contiguous to an existing industrial district: FAR = .75
Building Height Limitation.
The maximum height of buildings or structures within an IPUD shall be as
follows:
5.4(2.1)
For an IPUD located within or contiguous to an existing
industrial district--fifty (50) feet.*
*NOTE: All structures exceeding fifty (50) feet in height shall be approved by the City Fire Department
5.4(2.2)
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For an IPUD located within any area which is not within or
contiguous to an existing industrial district-- thirty-five (50)
feet.
Article X – Provisions Governing Planned Unit
Developments
5.4(3)
Minimum Building Site Area Requirements.
No establishments shall be located on a site unless the site contains the
following minimum area:
5.4(4)
5.4(3.1)
For an IPUD located within or contiguous to an existing
industrial district--one (1) acre.
5.4(3.2)
For an IPUD located within any area which is not within or
contiguous to an existing industrial district-- three (3) acres.
Minimum Open Space, Setback and Boundary Requirements.
Within the industrial planned unit development district, the following open
space, setback and boundary requirements shall apply.
5.4(4.1)
Open Space Requirements.
The ratio of all open space to floor area shall not be less than
the following minimums:
5.4(4.2)
(a)
For an IPUD located within or contiguous to an
existing industrial zone--one-half (1/2) square foot of
open space per square foot of gross floor area.
(b)
For an IPUD located within any area which is not
within or contiguous to an existing industrial district-two (2) square feet of open space per square foot of
gross floor area.
Setback Requirements.
The distance from any structure to any street shall not be less
than the following minimums:
5.4(4.3)
(a)
For an IPUD located within or contiguous to an
existing industrial zone--fifty (50) feet.
(b)
For an IPUD located within any area which is not
within or contiguous to an existing industrial district-seventy-five (75) feet.
Boundary Requirements.
No building, other structure, off-street parking or loading
area located within an industrial planned unit development
shall be closer than seventy-five (75) feet to the boundary of
any residential district.
5.4(4.4)
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Permitted Obstructions.
Article X – Provisions Governing Planned Unit
Developments
The only permitted obstructions in the open spaces provided
shall be:
5.5
(a)
Flagpoles, rod, wire, or pole aerials, but not including
radio, television, micro-relay, or other electronic
towers consisting of multi-structural members.
(b)
Parapet walls not more than four (4) feet high.
(c)
Wire, chain link, or other transparent fences, not
more than eight (8) feet high.
Screening Requirements.
To assist in the prevention of the transmission of light and noise from within an industrial
planned unit development into abutting agricultural or residential districts, screening shall
be required in an industrial planned unit development as follows:
5.6
5.5(1)
Where an industrial planned unit development abuts or is contiguous to any
residential district without an intervening public street, but with or without
an intervening alley or other public way, there shall be provided, within the
industrial planned unit development, but not within a public street or alley,
continuous screening along the extent of the contiguity of the said
developments. Such screening shall be of opaque or translucent materials
resistant to deterioration by natural causes, or it shall be of such plant
materials as will provide a year-round evergreen screening. Screening, as
required herein, shall be not less than six (6) feet in height, and shall be
provided from the grade of the property upward, and shall be permanently
maintained.
5.5(2)
Screening, as required herein, may be located within open areas as are
required in this section, provided that no screening shall be located within
the outer limits of any required automotive visibility area.
Street Layout, Required Off-Street Parking and Loading.
5.6(1)
Street Layout.
In order to encourage the sound development of major thoroughfares and to
reduce the intrusion of industrial traffic into non-manufacturing areas, the
following principles shall be followed.
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5.6(1.1)
The vehicular access to an industrial planned unit
development shall be only from an arterial or collector
streets as shown on the Major Thoroughfare Plan, Spring
Hill, Tennessee.
5.6(1.2)
Each building or group of buildings and their parking and
service areas in an industrial planned unit development
shall be physically separated from any major street,
identified as above, by a curb, planting strip or other
suitable barrier against unchannelled vehicular areas or
egress, except for access ways as permitted by paragraph
5.6(1.3) below.
Article X – Provisions Governing Planned Unit
Developments
5.7
5.6(1.3)
Access ways to an industrial planned unit development
shall be designed so as to minimize traffic conflicts. In no
event shall an access point be closer than one hundred (100)
feet from any intersection of street right of-way lines.
5.6(1.4)
All industrial planned unit developments shall be designed
so as to reduce to an absolute minimum the flow of traffic
moving to and from industrial areas through residential
areas.
Required Accessory Off-Street Parking and Loading Areas.
Off-site parking spaces accessory to any permitted use in an IPUD may be located on a
zone lot other than the same zone lot as such use to which the spaces are accessory,
provided that:
5.7(1)
Such spaces are located within the area encompassed by the IPUD;
5.7(2)
There is no way to arrange such spaces on the same zone lot as such use;
5.7(3)
Such spaces are located to draw an absolute minimum of vehicular traffic
to and through streets having predominantly residential frontage;
5.7(4)
Such spaces are located no further than six hundred (600) feet from the
nearest boundary of the zone lot to which they are accessory;
5.7(5)
Such spaces are in the same ownership as the use to which they are
accessory and necessary instruments are executed to ensure the required
number of spaces will remain available throughout the life of such use; and
5.7(6)
Such spaces conform to all applicable regulations of the IPUD of which
they are a part.
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Article X – Provisions Governing Planned Unit
Developments
ARTICLE XI
EXCEPTIONS AND MODIFICATIONS
Section 1.
Lot of Record.
Where the owner of a lot consisting of one or more adjacent lots of official record at the time of
the adoption of this ordinance does not own sufficient land to enable him to conform to the yard
or other requirements of this ordinance, in accordance with Subsection 4.3 of Article XIII, such
lot may be used as a building site, provided, however, that the yard and other requirements of the
district are complied with as closely as is possible in the opinion of the Board of Zoning Appeals.
Section 2.
Front Yards.
The front yard requirements of this ordinance for dwellings shall not apply to any lot where the
average depth of existing front yards on developed lots, located within one hundred (100) feet on
each side of such lot and within the same block and zoning district and fronting on the same street
as such lot, is less than minimum required front yard depth. In such case, the depth of the front
yard on such lot may be less than the required front yard, but no less than the average of the existing
front yard depth on the developed lots. In residential districts, however, the front yards shall in no
case be less than ten (10) feet in depth.
Section 3.
Temporary Uses.
Temporary buildings used in conjunction with construction work may only be permitted during
the period that construction work is in progress, but such temporary buildings shall be removed
upon completion of the construction work.
Section 4.
Exception of Height Limits.
The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and
domes not intended for human occupancy, monuments, water towers, observation towers,
transmission towers, windmills, chimneys, smoke-stacks, derricks, conveyors, flag poles, radio
towers, masts and aerials.
Section 5.
Provisions for Temporary Use of a Mobile Home as a Dwelling.
A mobile home may be temporarily permitted as a second dwelling upon a lot of record,
provided that said mobile home shall have separate electrical service. The Board of Zoning
Appeals shall not permit the temporary use of a mobile home as a second dwelling unless the
Board of Zoning Appeals determines that:
5.1
The use of a temporary nature resulting from the destruction of the primary dwelling due
to fire, explosion, or act of nature may not be permitted for a period to exceed one (1) year,
unless the permit is reviewed and extended for an additional period not to exceed one (1)
additional year by the Board of Zoning Appeals prior to the expiration of the initial one (1)
year period.
5.2
The use of a temporary nature resulting from the sickness or disability of the individual(s)
residing within the primary dwelling provided that a written statement from a physician
certifying that the specific illness or disability requires assistance from someone in close
proximity. Such permit may be initially issued for a period of one (1) year. A permit may
be extended for an additional year at a time, subject to producing a new statement from a
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Article XI – Exceptions and Modifications
physician certifying that the assistance is still required due to the illness or disability. The
temporary permit shall be revoked and the structure removed immediately upon expiration
of the permit or upon a change in the condition under which such permit was issued.
5.3
5.4
The mobile home may be so positioned upon the lot that:
5.3(1)
The placement of the mobile home will result in no violation of any
requirement established for the district in which the use is to be located.
5.3(2)
No part of the mobile home is located within fifteen (15) feet of the primary
dwelling or of any detached garage located upon the lot.
The mobile home is capable of being served by all utilities in such a manner as may be
required by the various adopted plumbing, building, electrical, and, where appropriate, gas
codes and that connection to these systems will be accomplished prior to any use or
occupancy of the structure.
5.5
In exercising its authority under the provisions of this section, the Board of Zoning
Appeals may provide such other stipulations and conditions, specifically including time limits,
for such use, as it may find necessary to assure compliance with the provisions contained herein
and with the intended temporary nature of any use permitted hereunder.
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Article XI – Exceptions and Modifications
ARTICLE XII
ENFORCEMENT
Section 1.
Enforcing Officers.
The provisions of this ordinance shall be administered, interpreted, and enforced as follows:
A. Zoning, development, and subdivisions: Planning Department
B. Signs, building permits, and certificates of occupancy: Building Inspector
Section 2.
2.1
Building Permits and Certificates of Occupancy.
Building Permit Required.
It shall be unlawful to commence the excavation for or the construction of any building,
including accessory buildings, or to commence the moving or alteration of any building,
including accessory buildings, until the Building Inspector has issued a building permit for
such work.
2.2
Issuance of Building Permit.
In applying to the Building Inspector for a building permit, the applicant shall submit a
dimensioned sketch or scale plan indicating the shape, size, height, and location of all
buildings to be erected, altered or moved, and any buildings already on the lot. He shall
also state the existing and intended use of all such buildings and supply such other
information as may be required by the Building Inspector for determining whether the
provisions of this ordinance are being observed. If the proposed excavation or construction
as set forth in the application are in conformity with the provisions of this ordinance, and
other applicable ordinances of the Town of Spring Hill or the County of Maury then in
force, the Building Inspector shall issue a building permit for such excavation or
construction. If a building permit is refused, the Building Inspector shall state such refusal
in writing, with the cause.
2.3
2.2(1)
The issuance of a permit shall in no case be construed as waiving any
provisions of this ordinance.
2.2(2)
A building permit shall become void six (6) months from the date of
issuance unless substantial progress has been made by that date on the
project described therein.
Certificate of Occupancy.
No land or building or part thereof hereafter erected or altered in its use or structure shall
be used until the Building Inspector shall have issued a certificate of occupancy stating that
such land, building, or part thereof, and the proposed use thereof are found to be in
conformity with the provisions of this ordinance.
Within three (3) days after notification that a building or premises or part thereof is ready
for occupancy or use, it shall be the duty of the Building Inspector to make a final
inspection thereof and to issue a certificate of occupancy if the land, building or part thereof
and the proposed use thereof are found to conform with the provisions of this ordinance;
or if such certificate is refused, to state refusal in writing with the cause.
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Article XII - Enforcement
2.4
No Building Permits Without Sewer Capacity (Ordinance 86-39)
2.4(1)
No building permit may be issued for any lot where the construction work
authorized under the permit will result in the need for a new connection to
the Town's sanitary sewer system (as determined in accordance with
Appendix A to Title 13, Chapter 1 of the Municipal Code) unless the
developer has secured a reservation of existing sewer capacity (see Section
13-60 of the Municipal Code) that is sufficient to accommodate the
proposed development.
2.4(2)
If a building permit is sought for a lot with respect to which sewer capacity
has already been reserved and availability fees paid at the time the building
permit is applied for, but the proposed use will place a greater demand on
the sewer system (according to Appendix A) than the capacity paid for at
the time capacity was reserved, then no building permit may be issued until
the additional required existing capacity is reserved and availability fees
paid.
Section 3.
Penalties.
Any person violating any provision of this ordinance shall be guilty of misdemeanor and, upon
conviction, shall be fined not less than two dollars ($2.00) nor more than fifty dollars ($50.00) for
each offense. Each day such violation shall continue shall constitute a separate offense.
Section 4.
Remedies.
In case any building or structure is erected, constructed, repaired, converted, or maintained, or
any building, structure or land is used in violation of this ordinance, the Building Inspector or
any adjacent or neighboring property owner who would be damaged by such violation, in
addition to other remedies, may institute injunction, mandamus or other appropriate action in
proceeding to prevent the occupancy of such building, structure or land.
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Article XII - Enforcement
ARTICLE XIII
BOARD OF ZONING APPEALS
Section 1.
Creation and Appointment. (Ordinance 86-47)
Pursuant to Section 13-7-205 of Tennessee Code Annotated, a Board of Zoning Appeals is hereby
created. The Planning Commission of the Town of Spring Hill shall serve as such Board of Zoning
Appeals until its membership is otherwise provided by Ordinance.
Section 2.
Procedure.
Meetings of the Board of Zoning Appeals shall be at the call of the chairman and at such other
times as the board may determine. All meetings of the board shall adopt rules of procedure and
shall keep record of applications and action thereon, which shall be public record.
Section 3.
Appeals, How Taken.
An appeal to the Board of Zoning Appeals may be taken by any person, firm or corporation
aggrieved or by any governmental officer, department, board, or bureau affected by any decision
of the Building Inspector based in whole or in part upon the provisions of this ordinance. Such
appeal shall be taken by filing with the Board of Zoning Appeals a notice of appeal, specifying the
grounds therefor. The Building Inspector shall transmit to the Board all papers instituting the
record upon which the action appealed was taken. The Board shall fix a reasonable time for the
hearing of the appeal, give public notice thereof in a newspaper of general circulation in the
Municipality, and decide the same within a reasonable time. Upon the hearing, any person or party
may appear in person or by agent or by attorney.
Section 4.
Powers.
The Board of Zoning Appeals shall have the following powers:
4.1
Administrative Review.
To hear and decide appeals where it is alleged by the appellant that there is error in any
order requirement, permit, decision, termination or refusal made by the Building Inspector
or other administrative official in the carrying out or enforcement of any provision of this
ordinance, and for interpretation of the zoning map as provided in Subsection 1.4 of Article
V.
4.2
Special Exceptions.
To hear and decide applications for special exceptions as specified in this ordinance under
Subsection 5.22 of Article IV, and for decisions on any special questions upon which the
Board of Zoning Appeals is specifically authorized to pass under subsections.
4.3
Variance.
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Article XIII – Board of Zoning Appeals
To hear and decide applications for variance from the terms of this ordinance, but only
where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of
property which at the time of adoption of this ordinance was a lot of record or where, by
reason of exceptional situation or condition of a piece of property, the strict application of
the provisions of this ordinance would result in exceptional practical difficulties or in
exceptional undue hardship on the owner of such property, provided that such relief may
be granted without substantially impairing the intent and purpose of this ordinance.
4.3(1)
In granting variance, the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed
building, structure or use as it may deem advisable in furtherance of the
purposes of this ordinance.
4.3(2)
Before any variance is granted, it shall be shown that special
circumstances attach to the property which do not generally apply to other property in the
neighborhood
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Article XIII – Board of Zoning Appeals
ARTICLE XIV
AMENDMENT
Section 1.
Application Procedure. (Ordinance 08-34)
The regulations, restrictions and boundaries as provided in this ordinance may be amended,
supplemented, changed and/or appealed, when appropriate.
1.1
Review and Recommendation by the Planning Commission. (Ordinance 09-05)
The Planning Commission shall review and make recommendations to the Board of
Mayor and Aldermen on all proposed amendments to this Zoning Ordinance. Prior to this
review and recommendation the Codes and Inspection Department for the City of Spring
Hill shall provide, to each applicant for a re-zone, Planned Unit Development (PUD),
Planned Zoning District (PZD), or Traditional Neighborhood Development (TND) a
sample letter, attached as Appendix XIV - A hereto, for mailing to property owners
within five hundred (500) feet from any boundary line of the property presented for rezone or for a reclassification in use. The letter will be provided upon filing of the
application.
The letter shall include upcoming schedules of the Planning Commission and Board of
Mayor and Aldermen meetings wherein the request will be considered, along with the
location, date and times of such meetings, a specific identification of the property to be
considered, the current zoning classification, including a map of the property, the
proposed zoning classification, a description of the proposed use, and a proposed sketch
plat if the change in use would become a PUD, PZD, or TND.
1.1(1)
Determination of Property Owners Due Written Notice.
The determination of which property owners are due written notice will be
based upon the latest certified tax year information available through the
Maury County or Williamson County Property Assessor’s Office.
1.1 (2)
Time of Notice. (Ordinance 09-05)
The letters mailed by the applicant shall be mailed at least ten (10) days
prior to the Work Session of the Planning Commission wherein the issue
is considered for the first time. If, for any reason, an item scheduled for
initial presentation before the Planning Commission is withdrawn without
having been presented, then the
applicant must re-notify surrounding property owners of the future
meeting for which the item will be reconsidered. An action of the
Planning Commission or the Board of Mayor and Aldermen to defer the
proceeding to a specific date will not require an additional notification.
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Article XIV - Amendment
No additional notice will be required of the applicant if a change in the
proposed rezone occurs at the Planning Commission meeting or a Board
of Mayor and Aldermen meeting and the rezone occurs within the same
zoning district (Agricultural, Residential, Commercial, or Industrial) and
is considered to be a down grade or down zone od the classification within
the district. By example, if a proposed rezone is from AG to an R-2
classification and is modified at a meeting of the Planning Commission or
Board of Mayor and Aldermen to an R-1 classification, then no additional
notice would be required by the applicant. All other changes in the
initially proposed request, including the changes in the zoning districts
will require additional written notice as required herein.
1.1 (3)
Verification of Notice. (Ordinance 09-05)
The property owner notification shall be accomplished by certified mail.
A sworn statement or affidavit from the applicant showing the names and
addresses of each surrounding property owner who has been notified shall
be delivered to the Codes and Inspection Department for the City of
Spring Hill no later than 12:00 p.m. on the Wednesday prior to the
Regular Meeting of the Planning Commission at which the item will first
be discussed. In addition, this affidavit shall reference the certified mail
numbers for each person notified in the mailing.
The applicant shall maintain records of the certified mailing for a
minimum of one (1) year and shall make such documentation available at
the request of the Codes and Inspection Department. The burden shall be
on the applicant to prove that a good faith effort was made in the delivery
of the certified mailings. The applicant is strongly encouraged to obtain
proof of the actual or attempted delivery through the United States Postal
Service.
Minor defects in the verification and/or notice shall not invalidate the
amendment if there has been a bona fide attempt to comply with these
rules and regulations.
1.1 (4)
Application Inconsistent with Future Land Use Plan.
If the proposed re-zone or land use change is in conflict with the existing
Future Land Use Plan adopted previously by the Planning Commission,
the Planning Commission shall first consider an amendment to the Future
Land Use Plan, prior to the re-zone or reclassification of land use
requested. The amendment to the Future Land Use Plan shall not
necessitate additional fees or submission of additional documentation by
the applicant, unless requested by the Planning Commission.
1.1 (5)
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Notice by Signage. (Ordinance 08-48)
Article XIV - Amendment
In addition to the property owner notice required to be mailed by the
applicant, the City of Spring Hill through its Codes and Inspection
Department will post, at least seven (7) days prior to the Work Session of
the Planning Commission at which the item will be first discussed, a sign
with sufficient wording to convey information that a zoning action or land
use reclassification has been proposed for the subject property. The sign
shall include the date, time, and place of meeting for the Planning
Commission and Board of Mayor and Aldermen at which the requested
action is to be considered. The sign shall also include a telephone number
for the Codes and Inspection Department for additional inquiries.
The signs shall be provided by the City, subject to a payment included in
the application fee, to defray the administrative and printing costs.
The sign shall remain in place and in a readable condition until either the
request has received final action by the Board of Mayor and Aldermen or
the applicant withdraws the request.
The number and size of the signs shall be determined by the Codes and
Inspection Department.
Minor defects in regard to the preservation of the signs shall not invalidate
the amendment if there has been a bona fide attempt to comply with these
rules and regulations.
1.2
Approval by the Board of Mayor and Aldermen. (Ordinance 08-48)
No amendment to the Zoning Ordinance or the Zoning Map shall become effective unless
the amendment is first submitted to the Planning Commission for its recommendation
regarding approval or disapproval. If the Planning Commission recommends the
disapproval of the amendment, the amendment must then receive a favorable vote of a
majority of the entire membership of the Board of Mayor and Aldermen to become
effective.
A Public Hearing shall be held on all proposed amendments to the Zoning Ordinance or
Zoning Map prior to the second reading by the Mayor and Aldermen.
If for any reason an item scheduled for a Public Hearing and second reading is withdrawn
without having been presented then the applicant must re-advertise as herein described.
1.2 (1)
Newspaper Publication.
In addition to the required Public Notice for Public Hearings submitted by
the City Recorder, the applicant for a re-zone or change in land use shall
advertise a subsequent notice in a newspaper of general circulation within
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Article XIV - Amendment
the City of Spring Hill, at least fifteen (15) days but not more than thirty
(30) days prior to the Public Hearing.
A sample of such notice is attached hereto as Appendix XIV-B and shall
be provided to the applicant when the application is filed. This notice shall
specify the current and proposed zoning classification, along with a
graphic illustration of the area.
Section 2.
Application Submission.
No application for a reclassification of land use or re-zoning of any property shall be considered
by the Planning Commission or Board of Mayor and Aldermen if the application is signed by
anyone other than a member of the Planning Commission, member of the Board of Mayor and
Aldermen or a person or entity having an ownership interest in the property. The applicant shall
provide to the Codes and Inspection Department a copy of the notice for distribution to the
members of the Board of Mayor and Aldermen.
2.1
Ownership Interest. (Ordinance 08-48)
The term “ownership interest” shall mean the record owner of the property or properties
as reflected in the records of the Assessor of Property in Maury County and Williamson
County.
The term ‘ownership interest’ as used herein shall also include the holder of a written
option or contract to purchase the land, the attorney or authorized representative of such
person or the recorded owner.
2.2
Fees Waived.
Any application filed by a member of the Planning Commission or Board of Mayor and
Aldermen will not be charged a fee for the filing of the application for re-zone or
reclassification of land use.
Section 3.
Effective Date.
Any amendment to the Zoning Ordinance or Zoning Map shall become effective upon approval,
after the second reading, by the Board of Mayor and Aldermen. Such amendment shall apply
from and after the date of the approved second reading to any property for which construction
drawings have not yet been duly approved by appropriate officials for the City of Spring Hill.
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Article XIV - Amendment
APPENDIX XIV - A
SAMPLE LETTER
Date
RE:
Proposed Rezone on Land Use Modification
Dear ______________,
I am writing to you as required by Article XIV of the Spring Hill Zoning Ordinance. The Property at
______________________, Tax Map _____, Parcel _____, for ____________ County, Spring Hill, Tennessee has
an application pending to request a change in the land use. This property is within five hundred (500) feet of real
property owned by you and therefore this proposed change directly affects your interests as a property owner.
The application for land use change is pending before the Spring Hill Planning Commission which will hold
a work session on the _____ day of ____________, 20___, and will hold a subsequent meeting on the _____ day of
______________, 20___ at 5:30 p.m. to vote on a recommendation to be forwarded to the Board of Mayor and
Aldermen.
After the Spring Hill Planning Commission has given due consideration of the application for land use
change, that recommendation will be forwarded to the Board of Mayor and Aldermen for final consideration. The
Board of Mayor and Aldermen will hold its first work session on the _____ day of _______________, 2008 with the
first reading of this ordinance scheduled for the _____ day of _______________, 2008 at 7:00 p.m.. If passed, the
Board of Mayor and Aldermen will have a second work session scheduled for the following month, the _____ day of
______________, 20___ at 7:00 p.m. as well as a Public Hearing and Second and Final reading of the ordinance
taking place at 6:55 p.m.
All of these meetings will take place at City Hall in Spring Hill, Tennessee. The current zoning of the
property is _____________ and the proposed zoning change will be to __________. The proposed use of the property
will be _____________________________________________. (Insert that proposed sketch plat is included if
proposed use is a PUD or TND.)
You are invited to attend each of the above described meetings and are encouraged to voice your support for
or against the proposed land use change. If for some reason the dates of the meetings are changed you will be notified
by a separate letter the dates and times.
If you have any additional questions you should contact the Spring Hill Codes Department, the Spring Hill
City Administrator, the Mayor and any of the elected Aldermen.
Sincerely yours,
__________________________________
Name and Position
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Article XIV - Amendment
APPENDIX XIV - B
LEGAL AD
Notice is hereby given that (Name of Property Owner) has applied to the City of Spring Hill for a
change in zoning of property at (Address of Property) (see location map below).
The zoning change request is for said property to change from (Insert Existing Zoning
Classification) Zoning to (Insert Proposed Zoning Classification) Zoning. A public hearing will
be held at the Spring Hill Board of Mayor and Aldermen Regularly Scheduled Meeting on
___________________________, 2008, 6:55 p.m. This meeting will take place at Spring Hill City
Hall Court Room, 199 Town Center Parkway, Spring Hill, TN 37174. The public is invited and
encouraged to attend.
Questions regarding this rezoning request may be made to the City of Spring Hill Planning and
Zoning Department, 931.486.2252, extension 212.
INSERT PROPERTY LOCATION MAP HERE
(Map
above is
included
as a
representative sample)
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Article XIV - Amendment
ARTICLE XV
LEGAL STATUS PROVISIONS
Section 1. Conflict With Other Ordinances.
In case of conflict between this ordinance or any part thereof and the whole or part of any existing
ordinance, or any future ordinance of the Town of Spring Hill, the most restrictive shall, in all
cases, apply.
Section 2. Validity.
If any section, clause, provision or portion of this ordinance shall be held to be invalid or
unconstitutional by any court of competent jurisdiction, such holding shall not affect any other
section, clause, provision, or portion of this ordinance which is not of itself invalid or
unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force fifteen (15) days from and after its adoption and
publication, the public welfare demanding it.
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Article XV – Legal Status Provisions
ORDINANCE 86-38
AN ORDINANCE TO FURTHER AMEND THE MUNICIPAL ZONING
ORDINANCE, ORDINANCE 74-2, AND TO CREATE A CHAPTER TWO OF
TITLE ELEVEN OF THE SPRING HILL MUNICIPAL CODE
BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE
TOWN OF SPRING HILL, TENNESSEE:
1. That Ordinance 74-2 as previously amended is hereby further amended by
deleting all of the text of that Ordinance, as amended, and inserting in lieu thereof the Ordinance
dated September 15, 1986, which is attached hereto and hereby made a part hereof;
2. That the Ordinance dated September 15, 1986 be designated Chapter 2 of Title 11
of the Spring Hill Municipal Code.
The provisions of this ordinance were approved by the Spring Hill Regional
Planning Commission and recommended to the Board of Mayor and Aldermen for adoption at its
regular meeting held on August 11, 1986. This amendment to the zoning ordinance was adopted
on third reading after a public hearing held on September 15, 1986, after notice thereof, was
published in the Columbia Daily Herald on the 27th day of August, 1986, and the Spring
Hill Morning Sun on the 28th day of August, 1986.
PASSED AND ADOPTED BY THE BOARD OF MAYOR AND ALDERMEN OF
THE TOWN OF SPRING HILL, TENNESSEE, on this the 15th day of September, 1986.
________________________________
GEORGE C. JONES, MAYOR
ATTEST:
JUNE QUIRK, CITY RECORDER
ROBIN COURTNEY, TOWN ATTORNEY
AN ORDINANCE ADOPTING THE ZONING ORDINANCE OF THE TOWN OF
SPRING HILL PLANNING REGION.
BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE TOWN OF
SPRING, HILL, TENNESSEE:
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Article XV – Legal Status Provisions
WHEREAS, pursuant to the recommendations fo the Spring Hill Regional Planning
Commission, a public hearing was held at the City Hall in Spring Hill, Tennessee on September
15, 1986, after notice of said public hearing was advertised on August 27, 1986, in the
Columbia Daily Herald and on August 28, 1986, in the Spring Hill Morning Sun.
NOW, THEREFORE, be it ordained by the Board of Mayor and Aldermen of the Town of
Spring Hill, Tennessee:
That the Zoning Ordinance hereinafter set out be adopted as the Municipal Zoning Ordinance of
Spring Hill, Tennessee.
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Article XV – Legal Status Provisions
ORDINANCE NO. 74-2 - MUNICIPAL ZONING ORDINANCE OF
SPRING HILL, TENNESSEE
An ordinance, in pursuance of the authority granted by Section 13-7-101 through 13-7-115 and
13-7-303 through 13-7-306, Tennessee Code Annotated, to regulate, within the corporate limits
of the Town of Spring Hill, the location, height, bulk, number of stories and size of buildings and
other structures, the percentage of the lot which may be occupied, the sizes of yards, courts and
other open spaces, the density and distribution of population, and the uses of buildings, structures
and land for trade, industry, residence, recreational, agriculture, forestry, soil and water
conservation, public activities and other activities including areas subject to flooding; to provide
for the orderly and reasonable uses of land in the interest of public health, safety and general
welfare; to provide methods of administration of this ordinance and to prescribe penalties for the
violation thereof.
BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE TOWN OF
SPRING HILL, TENNESSEE, AS FOLLOWS:
PASSED AND ADOPTED by the Board of Mayor and Aldermen of the Town of Spring Hill,
Tennessee, this _______ day of ____________, 1986.
__________________________________
George C. Jones, Mayor
Passed on 1st Reading:
Passed on 2nd Reading:
Passed on 3rd Reading:
_________
_________
_________
ATTEST:
______________________________
June Quirk, City Recorder
LEGAL FORM APPROVED:
______________________________
Robin Courtney, City Attorney
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Article XV – Legal Status Provisions
ARTICLE XVI
SIGNS
(Ordinance 15-10)
1.1 Purpose/Intent
Regulation of the location, size, placement, and physical attributes of signs is necessary
in order for the public to locate facilities and receive a variety of messages easily and
without confusion. In addition, it is important to encourage the general attractiveness of
signs so as to enhance the community and protect property values. This sign ordinance
is not intended to regulate the content or message of any sign. The regulations set forth
in this ordinance include but are not limited to the following:
1.
Promote and protect public health and safety
2.
Aid in traffic flow by regulating the concentration of signs so they do not
become distracting
3.
Promote signs that are compatible with the surrounding area and community
1.2 Definitions (Changed by Ord 13-03)
Attached Sign: A sign that is affixed to a wall or building that has a permanent or
changeable copy face.
Awning: A secondary covering attached to the exterior of a building that may be placed
above windows, doors and/or sidewalks.
Awning Sign: A sign attached to the front and/or side of an awning.
Banner: A sign made of fabric or non-rigid material.
Billboard, Type 1: A billboard as defined herein which has a display surface area of
seventy five (75) square feet or less.
Billboard, Type 2: A billboard as defined herein which has a display surface area
greater than seventy five (75) square feet to a maximum of six hundred seventy five
(675) square feet.
Canopy: A secondary covering, similar to an awning, that is attached to the exterior of a
building and supported by columns, poles, and/or braces.
Canopy Sign: A sign attached to the front and/or side of a canopy.
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Article XVI - Signs
Changeable Copy Sign: A sign where the frame or face is permanently attached and the
message within the frame or face can be changed by manual or mechanical means.
Charitable Event: An event that raises funds for the benefit of a charitable organization
recognized by the Department of the Treasury whose donors may deduct contributions
under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community Event: An event that raises funds for the benefit of any local or community
cause that is not a charitable event or non-profit event.
Electronic Message Display: A sign with a fixed or changing display and/or message
composed of a series of lights that may be changed through electronic means.
Freestanding Sign: A sign intended to advertise a single business that is erected on a
ground mounted base, frame, or pole, and not attached to any building.
Frontage, building: The length of a building which is substantially parallel to a public
street or highway, and from which ingress to and egress from the building is available.
Frontage, street: The length of a lot line adjoining a public street or highway.
Hanging Sign: A sign that is attached to a building, awning, canopy, or overhang that is
intended for advertising purposes.
Illegal Sign: Any sign which is a prohibited sign or does not comply with the
requirements established herein, is not a lawful non-conforming sign and is not exempted
by law from the requirements established herein.
Indirect Illumination: A source of light which is not internal.
Internally Illuminated Sign: Any sign designed to provide artificial light through
transparent or translucent material from a light source within the sign.
Joint Identification Sign: A monument sign that serves as a common or collective
identification for a group of persons or businesses operating on the same property or in the
same nonresidential subdivision (e.g., shopping center, office complex, etc.).
Lot: A tract of land whose existence, location, boundaries, and dimensions have been
legally recorded in a deed or plat and filed as a legal record in Register of Deeds office
in Williamson County or Maury County, Tennessee.
Monopole-Type Sign: A sign with only one support.
Monument Sign: A sign intended to advertise multiple businesses or dwellings that is
erected on a ground mounted base, and not attached to any building.
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Article XVI - Signs
Non-Conforming Sign: Any sign which was lawfully erected and maintained prior to the
effective date of any ordinance or amendment of such ordinance that contains provisions
with which the sign does not comply.
Non-Profit Agency: A legally constituted organization whose objective is to support or
engage in activities of public or private interest without any commercial or monetary
profit.
Non-Profit Event: an event that raises funds for the benefit of a nonprofit agency
Off-Premise Sign: A sign or structure which advertises a business, product or service, or
a public, charitable, religious, or institutional organization that is not located on or offered
on the premise on which such sign or structure is located.
On-Premise Sign: A sign or structure which advertises a business, product or service, or
a public, charitable, religious, or institutional organization that is located on or offered on
the premise on which such sign or structure is located.
Open House sign: A temporary sign used to advertise the sale of a house and direct
specifically to the house for sale.
Painted Wall Sign: A sign that is painted on a wall or building.
Pennant: A piece of plastic or cloth sometimes bearing an emblem, dealership flag or
drape that is suspended or projects from a private light pole, perimeter poles or dedicated
pole..
Permit: An authorization by a regulative or governmental authority of a particular act or
activity which is not of a continuing nature.
Portable Sign: Any advertising sign or device located on the ground that is easily
moveable and not permanently attached thereto.
Real Estate Sign: A sign advertising the sale, lease or rental of the real property on which
the sign is located.
Scoreboard: A structure located within an athletic field, displaying scores, team names
and related information. The scoreboard may also display additional content, including
but not limited to the names and logos of any sponsors.
Setback: A line located parallel to and a specified distance from the property line that is
specified in the appropriate section of this ordinance and behind which line the sign may
be constructed, erected or otherwise maintained.
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Article XVI - Signs
Sign: Any letter, figure, design, logo, symbol, trademark, or device mounted or otherwise
placed as a form of advertisement, announcement, or notice, and intended to be viewed
from the outside of a building.
Streamer: Any long, narrow, flowing strip of plastic or cloth primarily used as an
attention-getting device.
Temporary Sign: A sign which is to be used for a maximum of fifteen (15) days.
Wall Sign: A sign erected parallel to the face or on the outside wall of any building and
supported throughout its entire length, projecting no more that fourteen (14) inches from
the wall.
Window Sign: A sign affixed to or painted on a window or mounted within three (3) feet
of such window that is visible from the outside.
1.3 Permitted Signs
1.3.1 Signs Allowed in All Zoning Districts
1.
Permanent freestanding flags not used as advertisement
A. Maximum of three (3) per lot.
B. Minimum setback shall be five (5) feet from the property line.
C. Base or Pole for flags shall be set back a minimum of seven and one-half
(7 ½) feet from the public right-of-way.
D. Maximum pole height shall be forty (40) feet for ground mounted poles.
E. Maximum flag area shall be forty (40) square feet.
2.
Attached ballfield fence signs
A. No signs shall extend above the top of the fence. Scoreboard signs that
are part of the actual scoreboard may exceed the height of the athletic
ballfield fence.
B. The backs of all signs shall be one color.
3.
Temporary residential development-in-progress signs
A. Maximum of one (1) per entrance.
B. Minimum setback shall be five (5) feet from the property line.
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Article XVI - Signs
C. Maximum height shall be six (6) feet.
D. Maximum sign area shall be thirty-two (32) square feet per sign.
E. Signs shall be removed after the development is eighty percent (80%)
complete.
4.
Temporary commercial development-in-progress signs
A. Maximum of one (1) per development. In addition, each contractor
performing work on said development or supplier providing materials for
the development shall be permitted to display one (1) sign during the time
that the contractor is actually performing work, or the supplier is
furnishing materials to the development.
B. Minimum setback shall be five (5) feet from the property line.
C. Base of sign shall be set back a minimum of seven and one-half (7 ½) feet
from the public right-of-way.
D. Maximum height shall be six (6) feet.
E. Maximum sign area shall be thirty-two (32) square feet per sign.
F. Signs shall be removed within fifteen (15) days of completion of work.
5.
Temporary auction signs
A. Temporary signs pertaining to auctions in all districts may be displayed
up to fifteen (15) days prior to the event for which they are intended, and
must be removed within twenty-four (24) hours after the event. The
number of signs may be as many as five (5), but cannot exceed twenty
(20) square feet each.
6.
Temporary banners, pennants, flags, streamers
A. Each business within the City limits shall be permitted to erect banners,
pennants, flags, or streamers up to six (6) times per year. Any banner,
pennant, flag, or streamers shall not exceed thirty-two (32) square feet per
sign face. Said signs shall be erected on premises only. The banner,
pennant, flag, or streamers shall be removed after fifteen (15) days.
B. Signs may be erected as follows:
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Article XVI - Signs
1. Banners: One (1) per business
2. Pennants: One (1) per fifty (50) feet of street frontage or one (1) per
every two (2) poles on the property, whichever is greater.
3. Flags: Two (2) per business
4. Streamers: Three (3) linear feet per one (1) foot of street frontage.
5. Base of banners, pennants, flags or steamers shall be set back a
minimum of seven and one-half (7 ½) feet from the public right-ofway.
1.4 Permitted Signs
1.4.1 Signs Allowed in All Zoning Districts
1.
Permanent freestanding flags not used as advertisement
A. Maximum of three (3) per lot.
B. Minimum setback shall be five (5) feet from the property line.
C. Base or Pole for flags shall be set back a minimum of seven and one-half
(7 ½) feet from the public right-of-way.
D. Maximum pole height shall be forty (40) feet for ground mounted poles.
E. Maximum flag area shall be forty (40) square feet.
2.
Attached ballfield fence signs
A. No signs shall extend above the top of the fence. Scoreboard signs that
are part of the actual scoreboard may exceed the height of the athletic
ballfield fence.
B. The backs of all signs shall be one color.
3.
Temporary residential development-in-progress signs
A. Maximum of one (1) per entrance.
B. Minimum setback shall be five (5) feet from the property line.
C. Maximum height shall be six (6) feet.
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Article XVI - Signs
D. Maximum sign area shall be thirty-two (32) square feet per sign.
E. Signs shall be removed after the development is eighty percent (80%)
complete.
4.
Temporary commercial development-in-progress signs
A. Maximum of one (1) per development. In addition, each contractor
performing work on said development or supplier providing materials for
the development shall be permitted to display one (1) sign during the time
that the contractor is actually performing work, or the supplier is
furnishing materials to the development.
B. Minimum setback shall be five (5) feet from the property line.
C. Base of sign shall be set back a minimum of seven and one-half (7 ½) feet
from the public right-of-way.
D. Maximum height shall be six (6) feet.
E. Maximum sign area shall be thirty-two (32) square feet per sign.
F. Signs shall be removed within fifteen (15) days of completion of work.
5.
Temporary auction signs
A. Temporary signs pertaining to auctions in all districts may be displayed
up to fifteen (15) days prior to the event for which they are intended, and
must be removed within twenty-four (24) hours after the event. The
number of signs may be as many as five (5), but cannot exceed twenty
(20) square feet each.
6.
Temporary banners, pennants, flags, streamers
A. Each business within the City limits shall be permitted to erect banners,
pennants, flags, or streamers up to six (6) times per year. Any banner,
pennant, flag, or streamers shall not exceed thirty-two (32) square feet per
sign face. Said signs shall be erected on premises only. The banner,
pennant, flag, or streamers shall be removed after fifteen (15) days.
B. Signs may be erected as follows:
6. Banners: One (1) per business
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Article XVI - Signs
7. Pennants: One (1) per fifty (50) feet of street frontage or one (1) per
every two (2) poles on the property, whichever is greater.
8. Flags: Two (2) per business
9. Streamers: Three (3) linear feet per one (1) foot of street frontage.
10. Base of banners, pennants, flags or steamers shall be set back a
minimum of seven and one-half (7 ½) feet from the public right-ofway.
1.4.2 Signs Allowed in Non-residential Districts (Changed by Ord 15-10)
1.
Freestanding signs for single businesses
A. Maximum of one (1) per site.
B. Minimum setback shall be five (5) feet from the property line.
C. Base of sign shall be set back a minimum of seven and one-half (7 ½) feet
from the public right-of-way.
D. Maximum height shall be six (6) feet.
E. Maximum sign area shall be thirty-two (32) square feet per sign.
F. Shall be constructed with masonry or natural materials, except for any
letters or logos. This may include signs constructed within entrance walls.
G. The sign base shall not exceed fifty (50) percent of the sign face area.
2.
Joint Identification Signs for multiple businesses. Joint identification signs
must provide area for the display of a minimum of two (2) businesses and may
be located at no more than two (2) remote entrance locations, subject to the
following:
A. Properties with entrances onto the same street shall maintain a sign
separation of no less than 500 feet.
B. Minimum setback shall be five (5) feet from the property line.
C. Base of sign shall be set back a minimum of seven and one-half (7 ½) feet
from the public right-of-way.
D. Maximum height shall be thirty (30) feet to the top of the sign.
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Article XVI - Signs
E. Maximum sign area shall be one hundred (100) square feet for
developments smaller than ten (10) acres in size. Developments between
ten (10) and thirty (30) acres in size may have a sign area of one hundred
fifty (150) square feet. Developments greater than thirty (30) acres in size
may have a sign area of two hundred (200) square feet. Actual square
footage to be approved by the Spring Hill Codes Director.
F. The sign base shall not exceed fifty (50) percent of the sign face area.
3.
Attached signs
A. Maximum sign area shall be one (1) square foot per linear foot of building
side, excluding rear of building. Each side shall be calculated
independently with one sign allowed per side based on the calculation for
that side.
4.
Attached awning signs
A. Maximum shall be one (1) per building side.
B. Maximum sign area shall be twenty-five (25) percent of the awning face,
which shall be considered the entire outer area of the awning.
C. Signs shall not project above or below the awning or roofline, with a
maximum height of sixteen (16) feet when located within two hundred
(200) feet of a residential district.
D. Signs shall not extend more than ten (10) feet from the building.
5.
Attached canopy signs
A. Maximum shall be one (1) per canopy face.
B. Maximum sign area shall be twenty-five (25) percent of the canopy face,
which shall be considered the entire outer area of the canopy.
C. Signs shall not project above or below the canopy or roofline, with a
maximum height of sixteen (16) feet when located within two hundred
(200) feet of a residential district.
6.
Attached hanging signs
A. Maximum shall be one (1) per building face per tenant.
B. Maximum sign area shall be three (3) square feet per sign.
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Article XVI - Signs
C. Signs shall be a minimum eight (8) feet off the ground with a maximum
height at the roofline.
D. Signs shall not extend more than four (4) feet from the building.
7.
Permitted temporary signs
A. Maximum of two (2) per lot. No off-premise signs will be permitted.
B. Minimum setback shall be five (5) feet from the property line.
C. Base of sign shall be set back a minimum of seven and one-half (7 ½) feet
from the public right-of-way.
D. Maximum height shall be six (6) feet.
E. Maximum sign area shall be thirty-two (32) square feet.
8.
Hospitals and Emergency Health Facilities. Maximum of two (2) off-premise
sign regardless of the classification of the road(s) upon which the facility is
located. Hospitals and Emergency Health Facility signs shall adhere to
dimensional requirements set forth in Article XVI, 1.3.2(2)(E).
A. Off-premise signage shall be permit on property with frontage onto the
street providing access to the hospital or emergency health facility and
shall be located no more than one quarter (0.25) mile from the property on
which the hospital or emergency health facility is located.
1.4.3 Business Park Sign Overlay.
1. The provisions of the Business Park Sign Overlay shall apply to a specific
boundary on the City’s official zoning map, as adopted by the Board of Mayor
and Aldermen.
2.
The purpose of the Business Park Sign Overlay is to promote flexibility in
freestanding signage for businesses located in an area planned for a business
park development. The properties located within the Business Park Sign
Overlay have limited or no access to a major public street. Because of the
unique circumstances and hardships associated with these properties, off-site
joint identification signage for the purpose of advertising the location of a
business within these areas shall be permitted, subject to the following
requirements:
A. Number of Signs. Joint identification signs must provide area for the
display of a minimum of two (2) businesses and may be located at no more
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Article XVI - Signs
than two (2) locations within the boundary of the Business Park Sign
Overlay area in which the businesses are located.
B. Type and size of signs. Joint identification signs shall meet the monument
sign requirements of Article XVI, Signs, Section 1.3.2(2) for on-site joint
identification signs.
C. Restrictions.
i.
The off-premise joint identification sign shall be permitted on a
property regulated by “B” or “M” zoning districts with frontage onto
a street designated as an “Arterial” or “Collector” in the Spring Hill
Major Thoroughfare Plan.
ii.
The property containing an off-premise joint identification sign shall
not be permitted to contain additional freestanding signage.
iii.
Written permission from the property owner shall be submitted with
the sign permit application.
a. If the property owner withdraws permission to display the
off-premise sign, the sign shall be removed at the owner’s
request.
1.4.4 Billboards
1.
Billboards shall only be permitted on properties that are contiguous to
Interstate 65.
2.
A billboard shall consist of a single panel.
A. Type 1 billboards shall have a display surface area of seventy-five (75)
square feet or less.
B. Type 2 billboards shall have a display surface area of more than seventyfive (75) square feet up to a maximum of six hundred seventy-five (675)
square feet.
3.
The maximum height above grade either at the base of the billboard or the
nearest curb level of the surface street to which it is oriented, whichever
provides the greatest height, is:
A. Twenty (20) feet for Type 1 billboards and
B. Fifty (50) feet for Type 2 billboards.
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Article XVI - Signs
4.
Spacing between billboards located on the same side of a public street or
controlled access highway shall be one thousand (1000) feet.
5.
No billboard located along a particular street shall be closer than five hundred
(500) feet to the nearest property line of any residentially zoned property that
has frontage on either side of the street.
6.
No billboard located along a particular street shall be closer than one hundred
(100) feet from the nearest property line of any residentially zoned property
that does not front on said street.
7.
Type 2 billboards shall only be located on lots that have frontage on public
streets with four (4) or more travel lanes or that are located within three
hundred (300) feet of and are oriented to a limited access highway.
8.
All billboards shall be of a monopole-type construction.
9.
No billboard shall be permitted along any public street or highway that has
been designated as a scenic route.
1.5 Signs Excluded From Regulation (Changed by Ord 13-03)
The following signs may be erected without a permit, but shall be subject to all remaining
requirements of this ordinance:
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1.
Professional nameplates not exceeding two (2) square feet in area.
2.
Bulletin boards and identification signs for public, charitable, educational or
religious institutions located on the premises of said institutions and not
exceeding twelve (12) square feet in area.
3.
Non-illuminated temporary construction project ground signs.
4.
Memorial signs or tablets, names of buildings and date of erection, when cut
into any masonry surface, or when constructed of bronze or other
incombustible material.
5.
Traffic or other municipal, county, state or federal signs, legal notices, etc., as
may be approved by the appropriate authority.
6.
One ground or wall “For Sale” or “For Rent” sign per parcel of property when
such sign has an area of not more than four (4) square feet. Such sign shall
not be located within twelve (12) feet of any property line except in
commercial or industrial districts.
Article XVI - Signs
7.
Identification signs at the entrance drive of residences, estates, and ranches,
which do not exceed two (2) square feet in area.
8.
Non-advertising directional signs or symbols (“Entrance”, “Exit”, “Caution”,
“Slow”, “No Trespassing”, etc.) located on and pertaining to a parcel of
private property, none to exceed two (2) square feet in area.
9.
Residential real estate signs: Only one ( 1) real estate sign for residential
property shall be erected on the property for which it advertises. It shall not
exceed eight (8) square feet in sign area.
Prope1ty with two (2) or more on-premise frontages shall be permitted one (
1) additional sign per frontage. All such signs shall be set back from the
public right-of-way at least five (5) feet, and be placed only in the front or
side yard. A property with fifty (50) acres or more shall be permitted to erect
one sign per road frontage that shall contain no more than thirty-two (32)
square feet of sign area. Signs must be removed within fifteen (15) days
after the sale of the property.
10. Open House Signs: One open house sign shall be permitted for the property
listed for sale whether by an individual or realtor, at each entrance of each
subdivision pursuant to property owner approval. Open house signs shall be
permitted to be displayed during the week as long as an active open house is
taking place at that time and on weekends from 4:00p.m. Friday until
8:00a.m. Monday. Any sign erected off-premise at any other time shall be
impounded by the City with no prior notice to the owner. No open house
sign shall exceed 4 square feet in area.
11. Commercial real estate signs: Only one (1) real estate sign for commercial
property shall be erected on the property for which it advertises. For
commercial lots smaller than five thousand (5,000) square feet, no sign shall
be larger than sixteen (16) square feet. For commercial lots larger than five
thousand (5,000) square feet, no sign shall be larger than thirty-two (32)
square feet.
12. Yard sale signs: Signs shall be placed on their own posts and may be
displayed from 4:00 p.m. Thursday until 8:00 a.m. Monday. However, these
signs shall be removed immediately after sale end if the sale ends before 8:00
a.m. Monday.
13. Grand opening signs: Each business opening its doors for the first time shall
be permitted one (1) sign advertising the opening of the business. Maximum
sign area shall be thirty-two (32) square feet. The sign shall be erected on
premises, and shall be displayed for a maximum of thirty (30) days.
14. Signs pertaining to political campaigns shall not exceed sixteen (16) square
feet per sign. One candidate cannot have more than six (6) sixteen (16) square
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Article XVI - Signs
foot signs within the city. However, the candidate shall be allowed to have an
unlimited number of small yard signs at his/her personal residence, unless it
is prohibited by his/her subdivision restrictions. No small yard sign shall be
larger than six (6) square feet. Such signs may be allowed up to sixty (60)
days prior to the election date, and must be removed within twenty-four (24)
hours after the polls close. No signs shall be allowed to be placed on public
right-of-way.
15. Lost pet signs shall be placed on their own posts and may only be displayed
for seven (7) days.
16. Temporary church signs shall be permitted to be displayed from 4:00 p.m.
Friday until 8:00 a.m. Monday. A maximum of four (4) signs may be placed
within a two (2) block radius of the church.
17. Signs for non-profit agencies, non-profit events, charitable events and
community events shall require a permit, but no fee is charged. Such signs
may only be displayed for fifteen (15) days.
18. Portable signs such as A-frame signs provided they are located within twenty
(20) feet of the main entrance of a building.
1.5 Signs Prohibited in All Districts
It is unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign
not expressly authorized by, or excluded from this ordinance. Any prohibited sign(s) may
be removed by the building official or his/her designee immediately and without notice.
The following signs are expressly prohibited:
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1.
Neon signs, with the exception of Open/Closed signs that are no larger than
six (6) square feet in size.
2.
Any sign that is contemptible, vile, obscene, degrading or detracting from the
surrounding neighborhood as determined by the Board of Mayor and
Alderman and/or the building official or his/her designee.
3.
Any sign which constitutes a traffic hazard or a detriment to traffic safety by
reason of its size, locations, movement, content, coloring, or method of
illumination, or by obstructing the vision of drivers, or by obstructing or
detracting from the visibility of any official traffic control device by diverting
or tending to divert attention of drivers or moving vehicles from traffic
movement on streets, roads, intersections, or access facilities; nor shall any
sign be erected in such a manner as to obstruct the vision of pedestrians.
Included in this prohibition is “sign spinners”, which are individuals who
perform tricks such as spinning, flipping, and twirling signs as a form of
advertisement. Any sign which by glare or method of illumination constitutes
Article XVI - Signs
a hazard to traffic is prohibited. No sign may use the words, “Stop”, “Look”,
“Drive-in”, “Danger”, or any other word, phrase, symbol, or character in such
a manner as to interfere with, mislead, or confuse traffic.
4.
Signs (other than those erected by a governmental agency or required to be
erected by a governmental agency) erected on the right-of-way of any street,
road, or public way, or signs overhanging or infringing upon the right-of-way
of any street, road or public way, except as specifically provided by this
zoning ordinance.
5.
Directional signs, which are any off-premise signs relating to the identification
of another premise and its occupants and to products sold or services rendered
on that premise.
6.
Any sign that contains animation or animated features, whether by lighting,
mechanical, or other means that provides the animation features. Signs with
scrolled lighting advertisements are allowed only if the lighting provided is a
single non-distracting color of either white or red. Any and all signs equipped
with an Electronic Message Display device, including, but not limited to signs
with full or partial animation, and signs with travel or scrolling transitions.
7.
Illuminated signs adjacent to residential developments. No sign is allowed to
be erected on any property (regardless of zoning) that is located adjacent to
residential property which contains an illuminated side that faces the
residential property. The sign may contain an illuminated side as long as it is
directed away from the residential property so that it serves as a form of
indirect illumination.
8.
Illuminated sign with illuminated lights other than steady, stationary, white
light of reasonable intensity directly solely at the sign. The light source shall
be shielded from adjacent buildings and streets, and shall not be of sufficient
brightness to cause glare, visual nuisance to adjacent properties, or other
nuisances to adjacent land uses. Visually distracting signs that project a glare,
intense lighting, bright colors, driving distractions, etc., are not allowed.
9.
Signs or sign structures that interfere with the free use of any fire escape,
emergency exit, fire department connection, etc.
10. Signs that resemble any official sign or marker by any governmental agency.
11. Signs on natural features such as trees or other living vegetation, rocks, and
utility poles.
12. Signs that incorporate projected images, or emit any sound, odor or visible
matter that is intended to attract attention, or involve the use of live animals.
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Article XVI - Signs
13. Signs that are painted, pasted, or affixed to any curb, flagstone, pavement, or
any portion of any sidewalk or street, except house numbers and trafficcontrol markings.
14. Signs attached to parked vehicles for advertising purposes. Any vehicle with
advertisement on it may only be parked in any particular location, other than
the primary residence of the operator, for two (2) consecutive hours unless it
is there for legitimate business purposes.
15. Temporary storage units placed for advertising purposes.
1.6 Sign Computations
The following determinants shall control the calculation of sign spacing, area, height, and
placement.
1.6.1 Calculating Sign Area
1.
The area of a sign shall be calculated by use of the smallest box shape that
encloses all borders, graphics, and letters as a complete sign. Sign area does
not include any supporting framework, bracing, or decorative fence or wall,
when such structure meets the provisions of this ordinance, and is clearly
incidental to the display itself. When more than one word, image, logo, or
trademark is attached to one elevation of a building and they are not enclosed
by a box or outline either:
A. Each word, image, logo or trademark may be considered as a separate
attached sign, with the display surface area of each such sign being
calculated; or
B. Two or more of the words, images, logos, or trademarks may be
considered as one attached sign, with the display surface area of the sign
being calculated as the area within an imaginary box around the
combination of the two or more words, images, logos, or trademarks,
calculated by multiplying its height by its width.
Examples:
3’↕
4’↕
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←5’→
4’↕
←4’→
= 2 attached signs with display
surface areas of 15 square
feet and 16 square feet
respectively for a total of 31
square feet
= 1 attached sign with a total
Article XVI - Signs
←←←8’→→→
display surface area of 32 square
feet
1.6.2 Determining Sign Area to be Calculated
1.
Multi-sided signs may only receive consideration as a single sign as long as
the message on each side is the same.
2.
The surface area of a back-to-back sign shall be calculated by using the area
of only one side if the distance between the signs does not exceed one (1) foot.
3.
The surface area of a V-type sign shall be calculated by using the area of only
one side if no two sides are separated by more than three (3) feet.
4.
The surface area of a triangular sign shall be calculated by using the areas of
the two largest faces.
5.
The surface area of a four-sided sign shall be calculated using the areas of the
two largest faces.
1.6.3 Determining Sign Height
1.
The maximum permitted height of a sign shall be measured from the level of
the centerline of the adjacent street to the highest point of the sign. However,
if the grade of the subject property is higher than centerline of the adjacent
street, the allowable sign height may be measured from the base of the sign.
1.7 Clearance From Electrical Lines
1.
Signs shall maintain a minimum horizontal and vertical clearance of eight (8)
feet from electrical lines and in accordance with the provisions of the National
Electrical Code.
1.8 Sign Illumination
Unless otherwise prohibited by this ordinance, signs may be illuminated if such
illumination is in accordance with this section.
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1.
A white, steady, stationary light of reasonable intensity that is directed solely
at the sign. The light source shall be shielded from adjacent buildings and
streets and shall not be of sufficient brightness to cause glare or other
nuisances to adjacent uses.
2.
Internal illumination that provides steady, stationary lighting through
translucent materials.
Article XVI - Signs
3.
No sign may contain or be illuminated by flashing or intermittent lights. Signs
indicating the time, date, or weather conditions and those erected temporarily
in connection with the observance of holidays are exempt.
4.
Neon, rope lighting, and bare fluorescent light tubes in any form on a sign or
the exterior of a building or any other structure is prohibited.
5.
Any illuminated free-standing sign within the corporate limits of Spring Hill
must be installed in accordance with the National Electrical Code and must
have a disconnect installed no more than fifty (50) feet from such sign.
1.9 Sign Building Materials
1.
Building materials for signs shall be durable, low maintenance, be of the same
or higher quality as the principle structure(s), and shall not adversely impact
adjacent uses.
2.
The various parts of signs shall be compatible in design quality. Signs shall
not be in the shape of a sponsor name or motif (such as soda bottles,
hamburgers, boots, etc.)
3.
The following materials are considered to be appropriate for sign
backgrounds, frames, supports, and ornamentation:
A. Brick.
B. Natural stone, including panels. The use of natural materials is favored;
however, the use of imitation stone is acceptable.
C. Stained split-face block.
D. Wood.
E. Exterior insulation and finish systems (EIFS), or similar material, in
combination with brick, split-face block, or stone.
F. Metal panels, when used in combination with brick, split-face block, or
stone.
G. Plastic, or other synthetic materials, when used in combination with brick,
split-face block, or stone.
4.
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The following materials are prohibited for sign backgrounds, frames,
supports, and ornamentation:
Article XVI - Signs
A. Exposed metal poles. For pole based signs, poles shall be enclosed by a
masonry veneer.
B. Smooth-face concrete blocks, whether painted or unpainted.
C. Metal panels when used without brick, split-face block, or stone.
D. Plastic, or other synthetic materials when used without brick, split-face
block, or stone.
1.10 Visibility
1.
Signs shall not be located so as to obscure the view of pedestrian or vehicular
traffic in a manner that endangers safe movement.
2.
No person may, for the purpose of enhancing the visibility of signs, damage,
trim, destroy or remove any trees, shrubs, or other vegetation located as
follows:
A. Within public right-of-way, unless the work is done pursuant to the
express written authorization of the City or State.
B. On property that is not under the ownership or control, of the person
responsible for the work, unless the work is done pursuant to the express
authorization of the person who owns the property where the trees or
shrubs are located.
C. In any area where trees or shrubs are required to remain under a permit
issued under this ordinance.
1.11 Premises and Sign Maintenance
1.11.1 Premises Maintenance
1.
Signs and the premises surrounding them shall be maintained in a clean,
sanitary, and inoffensive condition, free and clear of obnoxious substances,
rubbish, and weeds.
1.11.2 Structure Maintenance
1.
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Signs, together with their supports, braces, guys, and anchors, shall be kept in
good, safe repair and shall be maintained in quality condition, including the
periodic application of paint or other weatherproofing materials to prevent rust
or other decay. The building inspector may order the removal of a sign that is
not maintained in accordance with the provisions of this ordinance. The
removal or expense incurred to assure compliance shall be at the expense of
Article XVI - Signs
the owner of the sign, occupant or property owner where the sign is located,
or any one or all of them, who shall be liable for the expense.
1.11.3 Sign Area or Other Maintenance
1.
The sign shall not be allowed to deteriorate to a broken, torn, peeling, flaking,
or otherwise decayed condition and shall be repaired or removed within thirty
(30) days of receipt of notice from the building official ordering the repair or
removal. If the owner fails to remove or repair the sign so as to comply with
the standards herein set forth within the time specified in the notice, the sign
may be removed or altered to comply by the building official at the owners’
expense.
1.11.4 Maintenance of Banners and Flags
1.
Banners and flags shall not be allowed to deteriorate to a tattered, torn or faded
condition and shall be attached properly at all times. Banners and flags in this
condition may be removed by the building official or his/her designee without
notice.
1.12 Enforcement/Administration
The building official shall have primary responsibility for the administration and
enforcement of these sign regulations, which includes the review and issuance of permits,
conducting inspections, and issuance of notices of violation.
1.
Before a sign permit may be issued, complete plans and specifications
showing the construction, methods of support, and materials used shall be
submitted to the building official for approval. Such plans and specifications
shall include the following:
A. A detailed site plan of the property drawn to scale, showing all existing
and proposed freestanding signs, buildings, parking areas, and driveway
entrances to the site, together with all roadways and informational signs
located on the right-of-way of said roadways which are located
immediately adjacent to the proposed site.
B. The total number of square feet of existing and proposed signage on the
parcel where the proposed sign is to be erected.
C. The location of all existing advertising signs located within the minimum
space requirements for distances between structures and any proposed
advertising sign on the subject site.
D. The name and, where applicable, the consent statement of the property
owner and/or lessee of the proposed site.
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Article XVI - Signs
E. State department of transportation sign permit where applicable.
2.
Whenever possible, applications are to be processed within ten (10) working
days of receipt of all required documents in the building official’s office.
3.
The building official shall keep and maintain accurate records of all sign
permits issued by the City of Spring Hill, which may serve as the basis for a
comprehensive inventory of signs within the City.
4.
The sign permit shall become invalid six (6) months from the date of issuance
if the sign structure is not completed unless otherwise extended by the
building official. Such permit shall not be transferable.
1.13 Permit Fees
Prior to issuing any permit for construction of signs, as provided herein, the applicant
shall pay to the City a sign construction permit fee of five dollars ($5.00) per square foot
of sign up to sixty (60) square feet plus four dollars ($4.00) for each square foot above
sixty (60) square feet. The permit fee for banners is fifteen dollars ($15.00) per banner.
The permit fee for temporary auction signs is ten dollars ($10.00) per sign. Sign
construction permit fees shall be assessed and collected prior to the approval of any
application for construction or major renovation. Any work requiring substantial
alterations to the original structure or movement of the original supporting member(s)
must be permitted as new construction. Minor renovations, including changing of
existing removable parts of signs that are designed to be changed, repainting of any
existing display matter or replacing existing lettering or decoration are deemed to be
maintenance work for which no fees are charged and no permit is required. Any sign that
requires a permit and is erected without obtaining such permit will be charged double the
standard fee.
1.14 Appeals
Appeals to any decision of the building official may be made to the Board of Zoning
Appeals (BZA) regarding interpretation, but not to revise the intent of the ordinance. An
appeal shall be filed within ten (10) days from the date of the alleged erroneous order,
requirement, decisions, determination, or interpretation. Failure to do so will constitute
a waiver of all rights to an administrative hearing.
1.
An appeal of alleged erroneous order, requirement, decision, determination,
or interpretation shall be filed with the building official and shall include the
following:
A. The names, addresses and telephone numbers of the petitioner, the owner
of the property on which the sign is erected or to be erected, and the owner
of the sign.
21 | P a g e
Article XVI - Signs
B. Decision being appealed and description of the appeal.
C. Site plan of the property involved showing dimensions of the lot,
improvements thereon, and accurate placement of the sign.
D. A drawing or picture detailing the sign involved.
E. Such other information as the building official may require to determine
full compliance with the decision.
2.
The appeal shall be scheduled for hearing by the BZA at the next scheduled
meeting. The petitioner and the building official and/or their authorized
representatives shall attend those meetings of the BZA at which an appeal is
to be heard.
3.
Following the hearing of any such appeal, the BZA may affirm, reverse, or
modify the action of the building official and/or their representatives and may
take other action which is appropriate under the circumstances and is allowed
by law. The action of the BZA on any such appeal shall be final and
conclusive.
1.15 Penalties
It shall be unlawful to erect, construct, or maintain any sign which is not permitted or is
prohibited under the provisions of this ordinance. Any person who violates this ordinance
shall be guilty of a misdemeanor, which upon conviction, shall be punishable by a fine of
not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) each day
such violation is continued.
1.16 Non-conforming Signs
This section recognizes the eventual removal, as expeditiously and as fairly as possible,
of non-conforming signs. It is also the intent of this ordinance that the removal of nonconforming signs shall be effected so as to avoid the unreasonable invasion of established
property rights.
22 | P a g e
1.
A non-conforming sign shall not be enlarged, expanded, extended, or
structurally altered so as to create an additional non-conformity or to increase
the extent of the existing non-conformity.
2.
No non-conforming sign shall be removed, replaced, re-constructed, or
relocated in whole or in part to any other location on the same or any other lot
unless the replaced, re-constructed, or relocated sign conforms to the
provisions of this ordinance.
Article XVI - Signs
23 | P a g e
3.
In the event that a non-conforming sign is destroyed or is allowed to become
dilapidated to the extent of fifty (50) percent of more of the cost to replace the
sign, including labor and materials, the owner of the sign shall be required to
remove the sign, unless the reconstructed or repaired sign conforms to the
provisions of this ordinance.
4.
Abandoning a sign shall terminate the right to maintain the sign, and the sign
owner shall be required to remove the sign. A non-conforming sign shall be
considered abandoned if it has displayed no message and no activity, business
product, or service has been produced, conducted, sold, or performed for a
period of sixty (60) days on the premises where the sign is located.
5.
Signs illegally placed in the public right-of-way, off premises, or on premises
shall be forfeited to the public and confiscated by the building official or
his/her designee.
6.
Non-conforming signs shall be brought into compliance once a change of use
of the premises takes place.
7.
Under no circumstances shall a sign, deemed by the building official to be
illegal at the time of the adoption of this ordinance, be considered a legally
non-conforming sign.
8.
If the building official finds an abandoned sign that has not been removed, a
non-conforming sign that did not exist prior to the adoption of this ordinance,
or a sign that is unsafe or insecure, then he/she shall give written notice to the
owner, agent, or person having beneficial interest in the building or the
premises on which the sign is located. The sign shall be removed or brought
into compliance with this ordinance within thirty (30) days after receipt of the
written notice. If the sign has not been removed or brought into conformance
within the thirty (30) day period, the building official shall cause the sign to
be removed immediately at the expense of the owner, agent, or person having
the beneficial interest in the building or premises on which the sign is located.
Article XVI - Signs
ARTICLE XVII
APPEALS
Section 1.
Appeals
Appeals from final zoning and subdivision actions taken by the Board of Mayor and
Aldermen, Planning Commission, Board of Zoning Appeals, and the Planning Department
shall be as follows:
Section 2.
Submittal Requirements
Unless an appeal is filed with the court, the following requirements shall be met:
A. Request. All appeals shall be submitted in writing referencing the applicable section
and setting out the reasons the applicant contends the decision was in error.
B. Deadline. Appeals shall be submitted within 10 working days from the date of the final
action taken. The entity hearing the appeal shall fix a reasonable time for hearing an
appeal.
C. Place. Appeals shall be filed with the following:
1. Appeals made to the Board of Mayor and Aldermen shall be filed with the City
Recorder.
2. Appeals made to the Planning Commission or Board of Zoning Appeals shall be
filed with the Planning Department.
Section 3.
Appeals from Planning Commission Decisions
A. Appeals to the Board of Mayor and Aldermen. Owners of record of the property being
considered may appeal a decision by the Planning Commission for the following
requests in accordance with this article:
1. Subdivision (Property Line Adjustment, Lot Split, Neighborhood Concept Plan,
Preliminary Plat, Final Plat, Concurrent Plat)
2. Sketch Plan
3. Site Plan
4. Design Review Guidelines
5. Major Modification
Section 4.
Appeals from Zoning Interpretations and Actions
Appeals to the Board of Zoning Appeals. An interpretation or decision of the Planning
Department regarding zoning matters.
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Article XVII - Appeals
ARTICLE XVIII
PLANNED ZONING DISTRICT
Section 1.
Applicability
Any property located within the city limits is eligible for a Planned Zoning District (PZD).
Section 2.
Purpose
The intent of the PZD is to permit and encourage comprehensively planned zoning and
developments that cannot be achieved through the current base zoning districts of this Zoning
Ordinance and whose purpose is redevelopment, economic development, cultural enrichment,
or to provide a single-purpose or mixed-use planned development and to permit the concurrent
processing of zoning and development. The Board of Mayor and Aldermen may consider any
of the following factors in review of a PZD application:
A.
Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
B.
Compatibility. Providing for compatibility with the surrounding land uses.
C.
Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
D.
Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and
integration of economic and redevelopment opportunities.
E.
No negative impact. Does not have a negative effect upon the future development of
the area:
F.
Coordination. Permit coordination and planning of the land surrounding the PZD
and cooperation between the City and private developers in the urbanization of new
lands and in the renewal of existing deteriorating areas.
G.
Open space. Provision of more usable and suitably located open space, recreation
areas and other common facilities that would not otherwise be required under
conventional land development regulations.
H.
Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
I.
Comprehensive Plan. Comprehensive and innovative planning and design of mixed
use yet harmonious developments consistent with the guiding polices, principles, and
recommendations of the Comprehensive Plan.
J.
Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
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Article XVIII – Planned Zoning District
K.
Recognized zoning consideration. Whether any other recognized zoning or
municipal code consideration would be violated in this PZD.
Section 3.
Rezoning
Property may be rezoned to the PZD by the Board of Mayor and Aldermen in accordance with
the requirements of this chapter.
A.
A PZD shall not be used as a refuge from the requirements of an equivalent base
zoning district.
B.
Proposed districts shall identify all uses, permitted by right or on appeal, subject to
Board of Mayor and Aldermen approval of the PZD request.
C.
Residential densities shall be determined on the basis of the following:
1. The densities of surrounding development;
2. The densities allowed under the current Zoning;
3. The development goals and other polices of the City’s Comprehensive Plan;
4. The topography and character of the Natural environment; and
5. The impact of a given density on the specific site and adjacent properties.
D.
Building setback. There shall be no minimum building setback requirement except
as may be determined by the Planning Commission and the Board of Mayor and
Aldermen during review of the zoning plan based on the uses within the
development and the proximity of the development to existing or prospective
development on adjacent properties.
E.
Building height. There shall be no maximum building height except as may be
determined by the Planning Commission and Board of Mayor and Aldermen during
the review of the zoning plan based on the uses within the development and the
proximity of the development to existing or prospective development on adjacent
properties. A lesser height may be established by the Planning Commission or
Board of Mayor and Alderman when it is deemed necessary to provide adequate
light and air to adjacent property and to protect the visual quality of the community.
F.
Building area. The Planning Commission and Board of Mayor and Aldermen shall
review specific proposed lot coverages with generally correspond to the guidelines
for lot coverage in the respective residential, office commercial or industrial district
which most depicts said development scheme.
G.
Design and development. The Planning Commission and Board of Mayor and
Aldermen shall review specific proposed design and development criteria if the
proposal intends to incorporate techniques and specifications beyond those
permitted in the City’s Zoning Ordinance and Subdivision Regulations.
2 | Page
Article XVIII – Planned Zoning District
H.
Maintenance Organization. In any instance where common open space is to be
conveyed to an organization other than a public agency, the Planning Commission
and the Board of Mayor and Aldermen shall require that the landholder provide for
and establish an organization for the ownership and maintenance of any common
open space.
1. Such organization shall not be dissolved nor shall it dispose of any common open
space, by sale or otherwise (except to an organization conceived and established
to own and maintain the common open space), without first offering to dedicate
the same to the City and the said dedication be approved by the Planning
Commission.
2. In the event that the organization established to own and maintain common open
space, or any successor organization shall at any time after the establishment of
the PZD fail to maintain the common open space in reasonable order and
condition in accordance with the final approved plan, the Planning Department
may serve written notice upon such organization and/or the owners or residents
of the property. Should the organization fail to maintain the common open space
thirty (30) days after the issuance of written notice, the Planning Department
shall call upon any public or private agency to maintain the common space for a
period of one (1) year. When the Planning Department determines that the
organization is not prepared for the maintenance for yearly periods. The cost of
such maintenance shall be assessed proportionately against the properties within
the PZD that have a right to enjoyment of the common open space, and shall
become a lien on said properties.
I.
Additional Application Requirements. Plans and exhibits shall be drawn and
prepared by a licensed design professional and shall be prepared legibly in a standard
engineering scale. The following information shall be submitted to the Planning and
Zoning Department for review:
1. Name, Address, Zoning, and Property lines of all property owners adjacent
to the exterior boundaries of the project
2. Name, address, phone numbers of owner(s), developer(s), and
representatives. All parties who have more than a 5% ownership and/or
investment in the project shall be listed. In the event that a separate company
is established for the project, all members of the company shall be listed
individually with their own contact information.
3. North arrow, scale, date of preparation, existing zoning, classification,
map/parcel numbers, and total acreage
4. Title block located in the lower right hand corner indicating the name and
type of project, scale, firm/individual preparing drawing, date, and revisions
5. Legend containing all symbols and lines shown in the drawing
6. Vicinity map of the project with a radius of 1.5 miles from the project, and
show Major Thoroughfare Plan streets as well as the 100 year floodplain
boundary
3 | Page
Article XVIII – Planned Zoning District
7. Show location of all existing structures on property
8. Site coverage note indicating the percentage of the site that is currently
covered by impervious surface.
9. Title, name, address, stamp, and signature of design professional who
prepared the PZD submittal documents.
10. Show the 100 year floodplain and /or floodway and base flood elevations.
Reference the FIRM panel number and effective date.
11. Note and delineate wetlands on the property
12. Existing and proposed topographic information with source noted
13. Show stream buffers
14. Delineate trees to be retained on-site and the measures to be implemented
for their protection
15. Show, note, and dimension all known existing on and off site utilities and
easements with name of easement holder and the purpose of the easement
16. If a septic system is to be utilized, provide a table of the acreage and
percolation rates
17. Show conceptual layout for roadways within the property and address
connectivity requirements such that the project has two points of
ingress/egress.
18. Identify the location of known existing or abandoned water wells, sumps,
cesspools, springs, streams, bodies of water, water impoundments, and
underground structures within the project
19. Show the location of know existing or proposed ground leases or access
agreements (shared parking lots, drives, etc.)
20. Show location of adjacent parks, cemeteries, structures, development, and
historically significant properties
21. Show contours at vertical intervals of not more than two (2) feet
22. Any other data or reports as deemed necessary for project review by the City
Planner, City Administration, or Planning Commission
Section 4.
Submittal Requirements
An application shall not be considered complete until the required submittal information has
been provided to the Planning Department.
A.
Application type.
1. Zoning. A PZD application may be submitted to establish the zoning criteria of
a property, in accordance with Section 3 of this article.
B.
All PZD applications shall include a booklet and concept plan:
1. Booklet. Describe the intent of each proposed district and list all zoning, design,
and development criteria, as outlined in Section 3 of this Article.
2.
4 | Page
Concept Plan. Illustrate the general development form and arrangement
permitted by the proposed districts to satisfy the requirements of Section 3 in
this article.
Article XVIII – Planned Zoning District
Section 5.
Phasing
Standard vesting periods shall apply for an application requiring preliminary approval, as
outlined in Article IV, Section 8.4.
A.
Section 6.
Exception. The Board of Mayor and Aldermen may approve a phasing plan granting
extended vesting periods than the standard. The proposed phasing plan shall include
the action that commences the initial vesting period and all subsequent actions that
extend the initial vesting period, similar to the organization of Article IV, Section
8.4. The initial vesting period shall not exceed 15 years for undeveloped properties.
Enforcement
The construction and provision of development entitled by a PZD must be in compliance with
the approved submittals described herein. If the Planning Commission finds that development
is occurring in a manner inconsistent with the approved PZD, then the Planning Commission
may take either or both of the following actions:
A.
B.
Cease to approve any additional final plats.
Instruct the Codes Director to discontinue issuance of building permits.
In any instance where the above actions are taken, the Planning Commission shall gain
assurance that the issues have been resolved and the project has been brought back into
compliance with the approved PZD.
5 | Page
Article XVIII – Planned Zoning District
SUBDIVISION REGULATIONS
PREPARED FOR THE
SPRING HILL PLANNING COMMISSION
Adopted April 8, 2013
TABLE OF CONTENTS
SECTION I ........................................................................................................................................ 1
1.1
Title .......................................................................................................................................... 1
1.2
Authority ................................................................................................................................. 1
1.3
Jurisdiction.............................................................................................................................. 1
1.4
Policy and Purpose ................................................................................................................. 1
1.5
Interpretation, Conflict and Severability ............................................................................. 3
1.6
Saving Provisions .................................................................................................................... 4
1.7
Enactment ............................................................................................................................... 4
1.8
Reservations and Appeals ...................................................................................................... 4
1.9
Amendments ........................................................................................................................... 4
1.10 Conditions ............................................................................................................................... 4
1.11 Re-subdivision of Land (Present or Future) ........................................................................ 4
1.12 Vacation of Plats ..................................................................................................................... 5
1.13 Use of Unapproved Plats ........................................................................................................ 5
1.14 Signing and Recording of Subdivision Plat.......................................................................... 5
1.15 Public Ways and Utilities ....................................................................................................... 7
1.16 Variances ................................................................................................................................. 7
1.17 Enforcement ............................................................................................................................ 8
1.18 Penalties ................................................................................................................................... 9
SECTION II .................................................................................................................................... 11
2.1 Usage .......................................................................................................................................... 11
2.2 Words and Terms Defined ....................................................................................................... 11
SECTION III ................................................................................................................................... 21
SUBDIVISION APPLICATION PROCEDURE, APPROVAL PROCESS AND PLAT
SPECIFICATIONS......................................................................................................................... 21
3.1 General Procedure .................................................................................................................... 21
3.2 Specific Procedure .........................................................................Error! Bookmark not defined.
SECTION IV ................................................................................................................................... 24
ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS ......... 24
4.1 Improvements and Performance Bond ................................................................................... 24
4.2 Inspection of Improvements..................................................................................................... 26
4.3 Maintenance of Improvements ................................................................................................ 28
4.4 Acceptance of Dedication Offers ............................................................................................. 28
SECTION V..................................................................................................................................... 29
REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS, AND DESIGN ................. 29
5.1 General Requirements .............................................................................................................. 29
5.2 Lot Requirements...................................................................................................................... 35
5.3 Public Ways .............................................................................................................................. 39
5.4 Road Construction Specifications ........................................................................................... 47
5.5 Driveway Curb Cut................................................................................................................... 47
5.6 Drainage and Storm Sewers ..................................................................................................... 47
5.7 Water Facilities ......................................................................................................................... 50
5.8 Sewage Facilities........................................................................................................................ 52
5.9 Pedestrian and Alternative Ways ............................................................................................ 55
5.10 Utility Easements .................................................................................................................... 56
5.11 Public Uses ............................................................................................................................... 56
5.12 Preservation of Natural Features and Amenities ................................................................. 57
5.13 Nonresidential Subdivisions ................................................................................................... 58
5.14 Street Signs, Subdivision Signs, and Street Light ................................................................ 59
5.15 Headwall and Mailbox Construction .................................................................................... 61
SECTION VI ................................................................................................................................... 66
SPECIFICATIONS FOR DOCUMENTS TO BE SUBMITTED .............................................. 66
6.1 Sketch Plat ...................................................................................... Error! Bookmark not defined.
6.2 Preliminary Plat .............................................................................Error! Bookmark not defined.
6.3 Construction Plans .................................................................................................................... 66
6.4 Final Subdivision Plat .................................................................... Error! Bookmark not defined.
6.5 Form of Dedication Offer ......................................................................................................... 67
APPENDICES ............................................................................................................................. A-74
Sketch Plat Review Checklist....................................................................................................... A-2
Preliminary Plat Review Checklist.............................................................................................. A-4
Final Plat Review Checklist ......................................................................................................... A-8
APPENDIX C: WATER LETTER FOR SUBDIVISIONS ................................................... A-12
APPENDIX D: LETTER OF CREDIT MINIMUM REQUIREMENTS ............................ A-13
APPENDIX E: PERMIT BOND .............................................................................................. A-14
APPENDIX F: GENERAL PROCEDURE ............................................................................. A-16
APPENDIX G: ROAD CLASSIFICATION - BY USE.......................................................... A-17
APPENDIX H: ROADWAY CONSTRUCTION PLAN REQUIREMENTS FOR NEW
DEVELOPMENTS IN CITY OF SPRING HILL ................................................................... A-18
APPENDIX I: SPECIFICATIONS FOR MATERIALS AND CONSTRUCTION
PROCEDURES ........................................................................................................................... A-22
APPENDIX J: STORM WATER DRAINAGE CALCULATIONS SUBMITTAL
GUIDELINES AND REQUIREMENTS .................................................................................. A-34
APPENDIX K: ROADWAY CROSS SECTIONS AND STANDARD DRAWINGS .......... A-38
SECTION I
GENERAL
1.1
Title
These regulations shall be hereafter known, cited and referred to as the Subdivision Regulations
of City of Spring Hill, Tennessee.
1.2
Authority
These subdivision regulations are adopted by the Spring Hill Planning Commission (hereinafter
referred to as "Planning Commission"), in pursuance of the authority and powers granted by
Tennessee Code Annotated (TCA), 13-4-301, et seq.
Having adopted a major thoroughfare plan for the jurisdictional area, and filed a certified copy of
the plan with the County Register of Deeds (hereinafter referred to as "county register"), as
required by TCA Section 13-4-302, and having held a public hearing as indicated in these
regulations and as required by TCA Section 13-4-303 the Planning Commission has fulfilled the
requirements set forth in state law as prerequisites to the adoption of these regulations.
1.3
Jurisdiction
These subdivision regulations shall apply to all subdivisions and developed sites including
commercial and industrial zonings, as herein defined, located within Spring Hill, Tennessee.
No land shall be subdivided within the jurisdictional area until the subdivider submits a plat as
required by the Zoning Ordinance and these regulations, obtains Planning Commission approval
of the plat, and files the approved plat with the county register.
1.4
Policy and Purpose
The existing and proposed public improvements shall conform to and be properly related to the
proposals shown in the Comprehensive Plan, Official Zoning Map, Major Thoroughfare Plan,
and the Capital Budget and programs of the City, and it is intended that these regulations shall
supplement and facilitate the enforcement of the provisions and standards contained in the
Zoning Resolution, Comprehensive Plan Official Map, and Land Use Plan, and programs of City
1
of Spring Hill.
It is hereby declared to be the policy of the Planning Commission to consider the subdivision of
land and development of a subdivision plat as subject to the control of the adopted land use or
community development plan (hereinafter referred to as "land development plan") of the
jurisdictional area for orderly, planned, and efficient physical and economic development.
Land to be subdivided shall be of such character that it can be used for building purposes without
danger of health, fire, flood, or other menace.
Land shall not be subdivided until proper provisions have been made for roadways, drainage,
water, sewerage, other public utilities, and for other required public services. The existing and
proposed public improvements shall generally conform to and be properly related to the
proposals shown in the land development plan.
These regulations are adopted for the following purpose, in accordance with the laws of the State
of Tennessee, TCA Sections 13-4-101, et seq.
1. To protect and provide for the public health, safety and general welfare of the City.
2. To guide the future growth and development of the City in accordance with the
Comprehensive Plan or any other adopted plan.
3. To provide for adequate light, air and privacy, to secure safety from fire, flood and
other danger, and to prevent overcrowding of the land and undue congestion of
population.
4. To protect the character and the social and economic stability of all parts of the City
and to encourage the orderly and beneficial development to all parts of the City.
5. To protect and conserve the value of land throughout the City and the value of
buildings and improvements upon the land, and to minimize the conflicts among the
uses of land and buildings.
6. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and
other public requirements and facilities.
7. To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land, reduce traffic
congestion; and to insure proper legal descriptions and monumenting of subdivided
2
land.
8. To ensure that public facilities are available and will have a sufficient capacity to
serve the proposed subdivisions.
9. To prevent the pollution of air, streams, and ponds; to assure the adequacy of
drainage facilities; to safeguard the water table; and to encourage the wise use and
management of natural resources throughout the City in order to preserve the
integrity, stability, and beauty of the community and the value of the land.
10. To preserve the natural beauty and topography of the City and to ensure appropriate
development with regard to these natural features.
11. To encourage subdivision design that maximizes the conservation of all forms of
energy.
1.5
Interpretation, Conflict and Severability
1. In their interpretation and application, the provisions of these regulations shall be held
to be the minimum requirements for promotion of the public health, safety and
general welfare.
2. It is established that these regulations are not intended to interfere with, abrogate or
annul any regulations, statutes or laws in any case where these regulations impose
restrictions different from those imposed by any other provision of these regulations,
or any other regulation, law or statute, whichever provisions are more restrictive or
impose higher standards shall control.
3. It is established that these regulations are not intended to abrogate any easement
covenant or any other private agreement or restriction, provided that where the
provisions of these regulations are more restrictive or impose higher standards than
such easement, covenant, or other private agreement or restriction, the requirements
of these regulations shall govern. Where any private provision exceeds the standards
set forth herein, such shall be considered a private contract between the parties of
interest, and as such is beyond the jurisdiction of the Planning Commission.
4. If any part or provision of these regulations or application thereof is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision or application directly involved in all controversy in
which such judgment was rendered. The remainder of these regulations shall be
3
considered valid and in force.
1.6
Saving Provisions
These regulations shall not be construed as altering, modifying, vacating or nullifying any action
now pending or any rights or obligations obtained by any person, firm, or corporation by lawful
action of the City prior to the adoption of these regulations
1.7
Enactment
In order that land may be subdivided in accordance with these purposes and policies, these
subdivision regulations are hereby adopted.
1.8
Reservations and Appeals
Upon the adoption of these regulations according to law, the Subdivision Regulations of City of
Spring Hill adopted January 2012 as amended, are hereby repealed.
1.9
Amendments
These regulations may be amended as the public health, safety and general welfare require. A
public hearing on all such amendments shall be held by the Planning Commission in a manner
provided by TCA 13-4-303.
1.10
Conditions
Regulation of the subdivision of land and the requirement of reasonable conditions to land
subdivision is an exercise of valid police power delegated by the state to the City. The applicant
must comply with such conditions outlined in these regulations in order to conform to the
physical and economic development as well as the safety and general welfare of the City’s
present and future population.
1.11
Re-subdivision of Land (Present or Future)
1. For any change in a map of an approved or recorded subdivision plat, if such change
affects any street layout shown on such map, or area reserved thereon for public use,
4
or any lot line, or if it affects any map or plan legally reached prior to the adoption of
any regulations controlling subdivisions, such parcel shall be approved by the
Planning Commission by the same procedure, rules, and regulations as for a
subdivision as specified herein.
2. Whenever a parcel of land is subdivided and the subdivision plat shows one or more
lots containing more than one acre of land and there are indications that such lots will
eventually be re-subdivided into smaller parcels, the Planning Commission may
require dedication of future streets and easements as it deems necessary for the
opening and extension of future streets. The Planning Commission may also require
that dedications providing for the future opening and extension of such public ways
be indicated on the plat.
1.12
Vacation of Plats
1. Any plat or any part of any plat may be vacated by the owner of such, at any time
before the sale of any lot therein, by a written instrument, to which a copy of such
plat shall be attached, declaring the same to be vacated. This instrument shall be
approved by the Planning Commission in like manner as plats of subdivision. The
governing body may reject any such instrument which abridges or destroys any public
rights in any of its public uses, improvements, or public ways.
2. Such an instrument shall be recorded with the Register of Deeds in like manner as
plats of subdivision. Being duly recorded shall operate to destroy the force and effect
of the recording of the plat so vacated, and to divest all public rights in streets, public
grounds and all dedications laid out or described in such plat.
3. When lots have been sold, the plat may be vacated in the manner herein provided by
all owners of lots in such plat joining in the execution of the instrument of vacation.
1.13
Use of Unapproved Plats
Pursuant to TCA Section 13-4-306, no owner or agent of the owner of any land shall convey
such land contrary to the provisions stated herein.
1.14
Signing and Recording of Subdivision Plat
1.14.1 Signing of Plat
5
1. When a bond is required: The Secretary of the Planning Commission shall
endorse approval on the plat after the bond has been approved by the Planning
Commission and after all the conditions of the resolution pertaining to the plat
have been satisfied.
2. When installation of improvements is required: The Secretary of the Planning
Commission shall endorse approval on the plat after all conditions of approval
have been satisfied and all improvements satisfactorily completed. There shall be
written evidence that the required public facilities have been installed in a manner
satisfactory to the governing body as shown on certifications by the appropriate
governmental representative(s) that necessary land dedications and improvements
have been accomplished.
3. When the conditions of this section are satisfied, the Secretary shall sign the
permanent reproducible original of the subdivision plat.
1.14.2 Recording of Plat
It shall be the responsibility of the applicant to file a plat with the county register's
office after obtaining all required signatures. Simultaneously, with the filing of
the plat, the applicant shall record the agreement of dedication together with such
legal documents as shall be required to be recorded by legal counsel. Recording
Fees will be paid by owner.
Williamson County, One Mylar and Seven copies.
Maury County, Five copies
1-14.3 Phasing of Subdivision Plats
1. Prior to granting final approval of a subdivision plat, the Planning Commission
may permit the plat to be divided into two (2) or more sections and may impose
such conditions upon the filing of each section as it may deem necessary to assure
the orderly development of the subdivision.
2. Bonds and Dedication of Public Ways for Phased Plats:
1. Bonds: The Planning Commission may require that a performance bond be
filed in an amount commensurate with the section(s) of the plat to be filed.
The Planning Commission may also defer the remaining required performance
6
bond principal amount until the remaining sections of the plat are offered for
filing.
2. Public Improvements:
1. The developer may file irrevocable offers to dedicate public ways and
improvements in the section offered to be filed.
2. Subject to any conditions placed by the Planning Commission, the
developer may defer filing offers of dedication for the remaining
sections until such sections are to be granted concurrently with final
approval of the plat.
1.15
Public Ways and Utilities
Pursuant to TCA Section 13-4-306, the Planning Commission shall not nor shall any public
authority accept, lay out, open, improve, grade, pave, or light any public way, lay or authorize
the laying of water mains or sewers, or construct or authorize the construction of other facilities
or utilities in any public way located within the jurisdictional area unless such way shall have
been accepted, opened, or otherwise received the legal status of a public way prior to the
attachment of the Planning Commission's jurisdiction, or unless such way corresponds in its
location and lines to a way shown on a subdivision plat approved by the Planning Commission or
on a public way plat made by the Planning Commission.
1.16
Variances
Variances shall not have the effect of nullifying the intent and purpose of these regulations and
shall not be approved unless a finding is made by the Planning Commission, based on evidence
presented to it in each specific case that each of the following below has been satisfied:
1.
The granting of the variance will not be substantially detrimental to the
public good;
2.
The conditions upon which the request for a variance is based are unique
to the property for which the variance is sought and are not applicable
generally to other property;
7
3.
Where, by reason of exceptional narrowness, shallowness, or shape of a
specific piece of property at the time of enactment of these regulations or
by reason of exceptional topographic conditions or other extraordinary and
exceptional situation or condition of such piece of property, peculiar and
exceptional practical difficulties or undue hardship would result;
4.
The variance will be consistent with the general community character of
the subdivision;
5.
The variance will not in any manner vary the provisions of the Zoning
Ordinance, Comprehensive Plan, City Road or Major Thoroughfare Plan
of the City of Spring Hill
Each and every variance or modification of these subdivision regulations sought by a subdivider
shall be specifically applied for in the numerical order of the subdivision regulations, in writing
by the subdivider in letter form.
Any condition shown on the plat which would require a variance or modification shall constitute
grounds for disapproval of the plat unless such special application for modification variance is
made. In approving any variation from these regulations the Planning Commission shall state
fully in the minutes the grounds for the variation and all of the facts upon which the decision is
made.
The Planning Commission may require such conditions as it deems necessary in order to
substantially secure the objectives of the standards or the requirements of these regulations.
Any petition for variance shall state in writing the reasoning on which the variance is justified.
This shall be submitted to the Planning Commission at the time that the preliminary plat is filed.
The petition shall state fully the grounds for the applications and all of the facts relied upon by
the petitioner.
If variance is approved by the Planning Commission, it shall be so noted both in the minutes of
the Planning Commission and on the final plat.
1.17
Enforcement
1. The enforcement of these regulations and the penalties for violations are provided
pursuant to TCA Title 13.
8
2. It shall be the duty of the Planning Department (hereinafter referred to as "the
enforcing officer)" to enforce these regulations and to bring to the attention of legal
counsel any violations or lack of compliance herewith.
3. Appropriate actions and proceedings may be taken in equity to prevent any violation
of these regulations, to prevent unlawful construction, to recover damages; to restrain,
correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or
premise; these remedies shall be in addition to the penalties described in herein.
4. No plat or plan of a subdivision located within the area of planning jurisdiction shall
be filed or recorded by the appropriate County Register of Deeds until said plat or plan
has received final approval in writing by the Planning Commission as provided in
TCA Section 13-4-306.
5. No board, public officer, or authority shall light any street, lay or authorize the laying
of water mains or sewers, or the construction of the facilities or utilities in any street
located within the area of planning jurisdiction unless such streets shall have been
accepted, opened or otherwise received the legal status of a public street prior to the
adoption of these regulations or unless such street corresponds in its location and lines
to a street shown on a subdivision plat approved by the Planning Commission, or on a
street plan made and adopted by the Commission as provided in TCA Section 13-4307.
6. No building permit shall be issued for the construction of any building or structure
located on a lot or plat subdivided or sold in violation of any provision of these
regulations.
1.18
Penalties
1. No county register shall receive, file, or record a plat of a subdivision within the
planning region without the approval of the Planning Commission as required in TCA
Section 13-4-306 and any county register so doing shall be deemed guilty of a
misdemeanor, punishable as other misdemeanors as provided by law.
2. TCA Section 13-4-306 provides that whoever being the owner or agent of the owner
of any land, transfers or sells or agrees to sell or negotiates to sell such land by
reference to or exhibition of or by other use of a plat of subdivision of such land
without having submitted a plat of such subdivision to the Planning Commission and
obtained its approval as required before such plat be recorded in the office of the
appropriate county register, shall be deemed guilty of a misdemeanor, punishable as
9
other misdemeanors as provided by law; and the description by metes and bounds in
the instrument of transfer or other document used in the process of selling or
transferring shall not exempt the transaction from such penalties.
The City, through its City attorney or other official designated by the City Board of
Mayor and Aldermen, may enjoin such transfer or sale or agreement by action or
injunction. Any building or structure erected or to be erected in violation of the
subdivision regulations shall be deemed an unlawful building or structure, and the City
attorney or other official designated by the City of Spring Hill Planning Commission
may bring action to enjoin such erection or cause it to be vacated or removed as
provided in TCA Section 13-4-306.
1.19
Appeals
1. Appeals to the Board of Mayor and Aldermen. Owners of record of the property being
considered may appeal the Planning Commission’s decision regarding subdivision
matters.
2. Appeals to the Tennessee Commissioner of Transportation. In case of any state
highway constructed or to be constructed within the jurisdictional area with state funds
as a part of the state highway system, the submission to the Planning Commission
shall be by the Tennessee Commissioner of Transportation, who shall have the power
to overrule the disapproval of the Planning Commission.
3. Appeals to the Planning Commission. An interpretation or decision of the Planning
Department regarding subdivision matters.
10
SECTION II
DEFINITIONS
2.1 Usage
1.
For the purpose of these regulations, certain numbers, abbreviations, terms, and
words used herein shall be used, interpreted, and defined as set forth in this
section. Where words within these regulations have not been defined, the standard
dictionary definition shall prevail.
2.
Unless the context clearly indicates to the contrary, words used in the present
tense include the future tense and words used in the plural include the singular;
the word "herein" means "in these regulations"; and the word "regulations" means
"these regulations".
2.2 Words and Terms Defined
Agent, Applicant, Developer, Subdivider - The owner of land proposed to be subdivided or his
representative. One who, having an interest in land causes it, directly or indirectly, to be divided
into a subdivision. Consent shall be required from the legal owner of the premises.
Alley - A public or private right-of-way primarily designed to serve as secondary access to the
side or rear of those properties whose principal frontage is on some other street.
Architect - An architect or landscape architect certified and registered by the State Board of
Architectural and Engineer Examiners pursuant to TCA Title 62, Chapter 2 to practice in
Tennessee.
Arterial Street or Road - A major public way intended to move traffic to and from major
industrial areas or a route for traffic between communities or large areas and which has an
average daily traffic count in excess of three thousand (3,000).
Block - A tract of land bounded by public ways or by public parks, cemeteries, railroad rights-ofway, or shorelines or waterways or a combination of such.
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Bond - An instrument with a clause, with a sum of money fixed as a penalty, binding the parties
to pay the same: conditioned, however, that the payment of the penalty may be avoided by the
performance by some one or more of the parties of certain acts.
Building - Any structure built for the support, shelter, or enclosure of persons, animals, chattels,
or movable property of any kind; the term includes a mobile home.
Capital Improvements Program - A proposed schedule of future projects, listed in order of
construction priority, together with cost estimates and the anticipated means of financing each
project. All major projects requiring the expenditure of public funds, over and above the annual
local government operating expenses, for the purchase, construction, or replacement of the
physical assets of the community are included.
Collector Street or Road - A major public way intended to move traffic from local ways to
arterial routes. Collector routes serve a neighborhood or large subdivision(s), and normally have
an average daily traffic count ranging from one thousand and one (1,001) to three thousand
(3,000).
Common Elements - Any portion of a condominium which is held in common by owners of
condominium units. These elements may be either general common elements or limited common
elements, as defined below.
General Common Elements - Any of the common elements of a condominium which are
held in joint ownership by all owners of the condominium.
Limited Common Elements - Any of the common elements of a condominium which are
reserved for use by the owner of a particular condominium unit or group of units.
Condominium - A form of ownership of less than the whole of a building or system of buildings
under the provisions of TCA Title 66, Chapter 27 which provides the mechanics and facilities for
formal filing and re-coordination of divided interests in real property, whether the division is
vertical or horizontal.
Condominium Subdivision - The subdivision of property through the establishment of a
condominium or horizontal property regime.
Condominium Subdivision, Horizontal - A subdivision where each unit occupies some
ground space.
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Condominium Subdivision, Vertical - A subdivision of a multi-story building in which
one (1) or more units do not occupy ground space.
Condominium Unit - A space conveyed by separate title and located within a condominium
structure.
Construction Plan - The maps or drawings accompanying a subdivision plat and showing the
specific location and design of improvements to be installed in the subdivision in accordance
with the requirements of the Planning Commission.
Contractor - An individual, firm, or corporation with whom an owner or authorized agent has
executed a work agreement.
County Environmentalist- An agent designated to administer local and/or state health
regulations.
Cul-de-sac - A minor street having only one outlet and having an appropriate terminal for the
safe and convenient reversal of traffic movement, definition includes: dead end, turn-around, or
turn-about.
Design Specifications - Written descriptions of a technical nature of materials, equipment,
construction systems, standards, and workmanship required for a project intended for local
government 'Ownership or maintenance.
Driveway Easement - A twenty five (25) foot wide easement from a public road for ingress and
egress to one or more lot(s).
Dwelling Unit- A room, or rooms connected together constituting a separate, independent
housekeeping establishment for owner occupancy, rental or lease on a daily, weekly, monthly, or
longer basis; physically separated from any other room(s) or dwelling units which may be in the
same structure; and containing independent cooking and sleeping facilities.
Easement - Authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of their property.
Enforcing Officer - The building inspector or such person designated by the Mayor or City
Administrator to be responsible for enforcing the provisions of these regulations.
Engineer - An engineer certified and registered by the State Board of Architectural and Engineer
Examiners pursuant to TCA Title 62, Chapter 2 to practice in Tennessee.
13
Equal Degree of Encroachment - The delineation of floodway limits so that floodplain lands on
both sides of a stream are capable to conveying a proportionate share of flood flows. This is
determined by considering the hydraulic conveyance of the floodplain along both sides of a
stream for a significant reach.
Escrow - A fiduciary agreement with the local government in lieu of actual performance and
intended to assure performance. An escrow account may be provided as a bond subject to
agreement of the Planning Commission.
External Subdivision Boundary -All points along the periphery of a subdivision.
Final Plat–The final map or drawing and accompanying materials, as required and described in
these regulations, on which the subdivider’s plan of the subdivision is presented to the Planning
Commission for approval, and which, if approved by the commission, is recorded with the
county Register of Deeds.
Flood - A temporary rise in stream level that results in inundation of areas not ordinarily covered
by water.
Flood Frequency - The statistically determined average for how often a specific flood level or
discharge may be equaled or exceeded.
Flood Hazard Boundary Map -An official map on which the boundaries of the floodplain areas
having special flood hazards have been delineated.
Flood Hazard or Flood Prone Area - The maximum area of the floodplain that, on the average, is
likely to be flooded once every one hundred years (i.e., that has a one (1) percent chance of being
flooded in any year).
Floodplain- A land area adjoining a river, stream watercourse, bay, or lake which is likely to be
flooded. It is composed of a floodway and floodway fringe.
Floodplain Management Program -The overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works, building code regulations, health regulations, zoning ordinance regulations, and
these subdivision regulations.
14
Flood Profile - A graph showing the water surface elevation or height or a particular flood event
for any point along the longitudinal course of a stream. The flood profile is determined through
the use of standard open-channel hydraulic calculations.
Flood proofing - Any combination of structural and nonstructural additions, changes, or
adjustments to properties and structures which reduce or eliminate potential flood damage to
lands; water facilities, sanitary facilities, and other utilities; structures; and contents of buildings;
and which prevent pollution of floodwaters from such natural or man-made sources.
Floodway - The stream channel and adjacent overbank areas required to carry and safely
discharge the 100-year flood without increasing flood levels more than one foot above natural
flood levels.
Floodway Encroachment Limits - The lines marking the limits of floodways on official federal,
state, and local floodplain maps.
Floodway Fringe - The area adjoining a watercourse which, although not lying within a
floodway, has been or may hereafter be covered by a 100-year flood. This area may also be
designated as the floodplain.
Frontage - That side of a lot abutting a public way ordinarily regarded as the front of the lot. It
shall not be considered as the ordinary side of a corner lot.
General Plan - The official statement of the Planning Commission which sets forth major
policies concerning future development of the jurisdictional area and meeting the provisions set
forth in TCA Section 13-4-201.
Governmental Agency - Any public body other than the governing body.
Governing Body - The chief legislative body of any government.
Governmental Representative - An outside person or designated local official or employee
authorized to act on behalf of the governing body in making determinations regarding legal,
public works, utilities, planning, community development, or other public business.
Grade - The slope of a public or private way specified in percentage terms.
Highway, Limited Access - A state highway, freeway or expressway providing a traffic way for
through traffic, in respect to which owners or occupants of abutting property(s) or lands and
other persons have no legal right of access to or from the traffic way, except at such points and in
15
such manner as may be determined by the public authority having jurisdiction over such traffic
way.
Horizontal Property Act- "The Tennessee Horizontal Property Act" as codified in TCA Title 66,
Chapter 2.
Individual Sewage Disposal System - A septic tank, seepage tile sewage disposal system, or any
other sewage treatment device other than a public treatment system approved by the appropriate
governmental representative.
Internal Subdivision Boundary - All points within a subdivision which does not constitute
external boundaries.
Joint Ownership - Joint ownership among persons shall be construed as the same owner for the
purpose of imposing subdivision regulations.
Jurisdictional Area - Planning boundary(s) established in keeping with TCA Section 13-4-201.
Land Development Plan - An element of the general plan which sets out a plan or scheme of
future land usage.
Land Surveyor - A land surveyor certified and registered by the State Board of Land Survey
Examiners pursuant to TCA Title 62, Chapter 18 to practice in Tennessee.
Legal Counsel - The person, designated by the governing body to provide legal assistance for the
administration of these and other regulations.
Lot - A tract, plot or portion of a subdivision or parcel of land intended as a unit for the purpose,
whether immediate or future, or transfer of ownership, or for building development.
Lot, Corner- A lot situated at the intersection of two (2) public ways.
Lot Improvement- Any building, structure, place, work of art, or other object or improvement of
the land on which they are situated constituting a physical betterment of real property, or any
part of such betterment.
Major Street or Road - A public way which is classified as a collector or arterial public way
according to these regulations or by the major street or road plan for the jurisdictional area.
16
Major Thoroughfare Plan - The plan adopted by the Planning Commission, pursuant to TCA
Section 13-4-302 showing, among other things, "the general location, character, and extent of
public ways and the removal, relocation, extension, widening, narrowing, vacating, abandonment
or change of use of existing public ways..."
Minor Street or Road - A public way which is not classified as an arterial or collector.
Monument - A permanent surveying appurtenance that is utilized to verify location and
elevation.
Off-Site - Any premises not located within the property to be subdivided, whether or not in the
ownership of the applicant for the subdivision approval.
One Hundred-Year Flood - A flood having a one (1) percent chance of happening in any year. It
is based on statistical analysis of stream flow records available for the watershed and analysis of
rainfall and runoff characteristics in the general region of the watershed.
Owner - Any person, group of persons, firm or firms, corporation or corporations, or any other
legal entity having legal title to or sufficient proprietary interest in the land sought to be
subdivided under these regulations.
Performance Bond - A surety bond, letter of credit, or cash deposit submitted to the City as
assurance for performance of construction of the public infrastructure and/or amenities as
approved by the Planning Commission. Said performance bond represents a sum of money fixed
as a penalty, binding the parties to pay the same conditioned, however, that the payment of the
penalty may be avoided by the performance by someone of the parties of said improvements.
Perimeter Street - Any existing street to which the parcel of land to be subdivided abuts on only
one side.
Planning Commission- A public planning body established pursuant to TCA Title 13, Chapter 4
to execute a partial or full planning program within authorized area limits.
Pre-application Conference - A meeting held between applicant and City Staff to discuss
requirements of development and plat approval.
Premise(s) - A tract of land together with any buildings or structures which may be thereon.
Public Improvement - Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, lot improvement, or other facility for which the local government
17
may ultimately assume the responsibility for maintenance and operation or which may affect an
improvement for which government responsibility is established.
Public Road Standards–Standards as listed within these regulations to provide adequate right-ofway, roadway width, compacted subgrade, compacted road base stone, bituminous prime coat,
asphalt binder, bituminous tack coat, asphalt topping, and concrete curb and gutter or extruded
curb, all of which are indicated for each roadway classification.
Public Way - Any publicly owned street, alley, sidewalk, or lane right-of-way which provides for
movement of pedestrians or vehicles.
Reach - A hydraulic engineering term to describe longitudinal segments of a stream or river. A
reach generally includes the segment of the flood hazard area where flood heights are influenced
by a man-made area where flooding or natural obstructions occur. In an urban area, the segment
of a stream or river between two (2) consecutive bridge crossings typically would constitute a
reach. A reach is also defined as the stream or river length located within a particular drainage
basin.
Regulatory Flood - The one hundred-year flood.
Regulatory Flood Protection Elevation - The elevation of the regulatory flood plus one foot of
freeboard to provide a safety factor.
Re-subdivision - A change in a map of an approved or recorded subdivision plat if such change
affects any street layout on such map or area reserved thereon for public use, or any lot line; or if
it affects any map or plan legally recorded prior to the adoption of any regulations controlling
subdivisions.
Right-of-Way - A strip of land occupied or intended to be occupied by a public way, pedestrian
way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or
storm sewer line, or for another special use. The usage of the term "right-of-way", for land
platting purposes, shall mean that every right-of-way hereafter established and shown on a final
plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and shall
not be included within the dimensions or areas of such lots or parcels.
Sale or Lease - Any immediate or future transfer of ownership, or any possessory interest in land,
including contract of sale, lease, devise, or transfer, of an interest in a subdivision or part thereof,
whether by metes and bounds, deed, contract, plat, map, lease, devise or other written
instrument.
18
Same Owners - Ownership by the same person, corporation, firm entity, partnership, or
unincorporated association or ownership by different corporations, firms, partnerships, entities,
or unincorporated associations, in which a stockholder, partner, associate, or a member of his
family owns an interest in each corporation, firm, partnership, entity, or unincorporated
association.
Setback - The distance between a building wall and the nearest public way right-of-way and side
or rear property lines.
Slope - the deviation of the land surface from the horizontal per unit horizontal distance changed,
generally expressed in percent, i.e. vertical rise or fall per foot dividing the horizontal distance
between contour lines into the vertical interval of the contours as required by the appropriate
regulations.
Special Flood Hazard Map - The official map designated by the Federal Insurance Administrator
to identify floodplain areas having special flood hazards.
Staff Assistant to the Planning Commission- The person(s) employed by the local governing
body to assist the Planning Commission in planning and land use regulation activities.
Start of Construction - For purposes of subdivision control any alteration of the original surface
area of the land, from and after the date of adoption of these regulations.
Structure - Anything constructed above or below ground.
Subdivider - Any person who (1) having an interest in land, causes it, directly or indirectly, to be
divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to
sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site,
unit, or plot in a subdivision or who (3) engages, directly or indirectly, or through an agent in the
business of selling, leasing, developing, or offering for sale, lease, or development a subdivision
or any interest, lot, parcel site, unit, or plot in a subdivision or who (4) is directly or indirectly
controlled by or under direct or indirect common control with any of the foregoing.
Subdivision - The division of a tract or parcel of land into two (2) or more lots, sites and other
divisions requiring new street or utility construction, or any division of less than five (5) acres.
Subdivision Agent - Any person who represents or acts for or on behalf of a subdivider or
developer in selling, leasing, or developing or offering to sell, lease, or develop any interest, lot,
parcel, unit, site, or plot in a subdivision, except in an instance where only legal counsel is
provided.
19
Temporary Improvement - Any improvement built and maintained by a subdivider during
construction of the subdivision and prior to release of the surety for completion of required
improvements.
Twenty-Five Year Flood - A flood having a four (4) percent chance of happening in any year.
Utility - Any construction of public roads, public water, public drainage, public sanitary facilities
or any other improvement that is or will be dedicated to public use.
Water Surface Elevation -The heights in relation to mean-sea-level expected to be reached by
floods of various magnitudes and frequencies at pertinent points in the floodplain. Also means
the level of natural flows or collectors or water which may be expected to be found above or
below surface.
Variance - Permission to depart from the literal requirements of these regulations granted
pursuant to Section 1.16.
Zoning Ordinance or Resolution -A statute, legally adopted pursuant to TCA Title 13, Chapters 4
or 7 for the purpose of regulating by district, land development or use for a designated area.
20
SECTION III
SUBDIVISION APPLICATION PROCEDURE, APPROVAL PROCESS
AND PLAT SPECIFICATIONS
3.1 General Procedure
1. Zoning Regulations
Every plat shall conform to any existing zoning regulations and subdivision regulations
applicable at the time of proposed final approval, except that any plat which has received
preliminary plat approval shall be exempt from any subsequent amendments to such
zoning ordinance or these regulations rendering the plat nonconforming as to bulk, use,
or development standards, provided, that final approval is obtained within the effective
period of preliminary approval set forth herein.
2. Policy on Flood Prone Areas
In determining the appropriateness of land subdivision at any site containing a flood
prone area, the Planning Commission, in reviewing any plat, shall consider the policy and
purpose set forth in these regulations, and, additionally the:
1. Danger to life and property due to the increased flood heights or velocities, either
potential or actual, caused by subdivision fill, roads, and intended uses;
2. Danger that intended uses or improvements may be swept onto other lands or
downstream to the injury of others;
3. Adequacy of proposed water supply, sanitation, and drainage systems, and the
ability of these systems to function under flood conditions;
4. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage upon the individual owner;
5. Importance of the services provided by the proposed facility to the community at
large;
6. Requirements of the subdivision for a waterfront location;
21
7. Availability of alternative locations not subject to flooding for the proposed
subdivision and land uses;
8. Compatibility of the proposed uses with existing development or development
anticipated in the foreseeable future;
9. Relationship of the proposed subdivision to the land development plan and the
floodplain management program for the area;
10. Safety of access to the property for emergency vehicles in times of flood;
11. Expected heights, duration, velocity, rate of rise, and sediment transport of the
floodwaters expected at the site;
12. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, public ways, and bridges; and
13. Effect of the proposed subdivision upon the Planning Commission's participation
in the National Flood Insurance Program, if such Planning Commission is, or
elects to be, in the program.
No subdivision or part thereof shall be approved by the Planning Commission if proposed levees,
fills, structures, or other features within the subdivision will individually or collectively, increase
flood flows, heights, duration, or damages. The regulatory limits (the one hundred-year flood
level) shall be determined from the latest approved flood study for the jurisdictional area, and
any subsequent revisions thereto. Specific engineering studies are to be formulated by the
developer in those areas in which flood data are not currently available, if deemed necessary by
the Planning Commission.
In any instance in which the Planning Commission determines that a proposed subdivision may
affect the flood height, velocity, or duration in any flood prone area outside its jurisdiction, the
commission shall take all actions necessary and proper to ensure the coordinated review of the
development with the appropriate governmental agencies of the affected area.
In approving plans for subdivision of land containing flood prone areas, the Planning
Commission shall ensure that development will proceed in such a way that property lying within
any floodway will not be disturbed with the exception of roadway bridges, pedestrian/greenways,
and utilities encroachments. The Planning Commission shall also ensure that development within
22
any floodway fringe/floodplain area (within the one hundred-year flood level) will be protected
adequately against potential flood hazards by the methods prescribed in these regulations.
The Planning Commission shall disapprove the subdivision of any land containing a flood prone
area when the commission determines that subdivision plans are not consistent with the policy
stated in this section and/or the proposed development could pose safety to the general public
due to flooding.
3. Flood Prone Areas
With expert assistance, as necessary, the subdivider shall prepare a report, on any proposed
subdivision containing or abutting a flood prone area. Such report shall estimate the discharge of
the regulatory flood; determine the specific flooding threat at the site of the proposed
subdivision; and indicate whether the subdivision is located in a floodway or floodway
fringe/floodplain area by:
1. Calculation of water surface elevations and regulatory flood protection elevations
based upon a hydraulic analysis of the capacity of the stream channel and
overbank areas to convey the regulatory flood;
2. Computation of the floodway required to convey the regulatory flood without
increasing natural flood heights of the regulatory flood more than one (1) foot at
any point; and
3. Unless otherwise established, computation of increase in flood heights caused by
any encroachment shall be based upon the reasonable assumption that there will
be an equal degree of encroachment on both sides of the stream within that reach.
Any encroachment within the flood fringe/floodplain area, outside of the
floodway, by additional fill material shall be compensated by an equal or greater
amount of cut material removed from the flood fringe/floodplain area. This
requirement is to assure a continued balance of floodplain volume to store the
100-year flood. If fill is added to one side of the water way, within the floodplain,
then the cut shall be removed on the same side of the water way and located
within the boundaries of the said proposed development. No offsite balance of cut
is allowed unless approved by the City. The developer’s engineer must show by
hydraulic and hydrology calculations that offsite balance will have no impact or
rise in the 100-year flood elevation either onsite or offsite. No increase in flood
storage attributable to encroachments on the floodplain of any river or stream
shall be permitted in any one reach or for the cumulative effect of several reaches.
23
SECTION IV
ASSURANCE FOR COMPLETION AND MAINTENANCE OF
IMPROVEMENTS
4.1 Improvements and Performance Bond
1. Completion of Improvements
Before the final subdivision plat is signed by the Secretary of the City of Spring Hill Municipal
Planning Commission, all applicants shall be required to: (1) complete (in accordance with the
Planning Commission’s requirements and based on the recommendations of all affected
departments of City of Spring Hill Government), all of the street, water, sanitary, storm, and
other Public improvements, including lot improvements as required in these regulations, and as
specified in the final plat, and (2) dedicate all public improvements to City of Spring Hill and/or
appropriate utility district free and clear of all liens and encumbrances on the property and public
improvements thus dedicated.
2. Costs of Improvements
All required improvements shall be made by the applicant at his expense. Any provisions for
reimbursement by the governing body or any utility agency shall be stipulated clearly in the
provisions of any bonds.
3. Temporary Improvements
The applicant shall build and pay for all costs of temporary improvements required by the
Planning Commission, and shall maintain them to a reasonable satisfaction for the period
specified by the Planning Commission. Prior to construction of any temporary facility or
improvement, the applicant shall file with the governing body a separate suitable bond for
temporary facilities, which shall ensure that the temporary facilities will be properly constructed,
maintained, and removed.
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4. Performance Bond
1. The Planning Commission at its discretion may waive the requirement that the
applicant complete and dedicate all public improvements prior to the signing of
the final subdivision plat, and that, as an alternative, the applicant post a
performance bond at the time of the applications for final approval in an amount
estimated by the City Engineer as sufficient to secure to City of Spring Hill and/or
utility district the satisfactory construction, installation, and dedication of the
uncompleted portion of required improvements pursuant to these regulations,
including all necessary off-site improvements. This shall include all Public
improvements easements and Right-of-Ways that will be dedicated to the City in
Private Developments. The performance bond shall describe the performance
agreement and must be secured by a Letter of Credit or a certified check. Either
must be from an approved financial institution chartered by the State of Tennessee
and have, within fifty (50) miles of Spring Hill, Tennessee, an office or branch
authorized to accept a demand or "call" on the securing document. Additionally,
the Planning Commission shall consider previous performance and/or
maintenance by the applicant in its deliberations to grant a waiver.
2. Such performance bond shall comply with all statutory requirements and shall be
satisfactory as to form, sufficiency, and manner of execution as set forth in these
regulations. Bonding instruments shall have an automatic renewal each year
without amendment. The period within which required public improvements
must be completed shall be specified by the Planning Commission and
incorporated in the bond, and shall not exceed two (2) years from date of
recording of final plat. The bond shall be reviewed as to progress at least once
every two years by the Planning Commission, at which time it may be adjusted in
recognition of significant work having been accomplished.
The Planning Commission may extend the completion date set forth in the bond
for a maximum of two (2) years at its discretion. Any extension of the
performance period may necessitate an increase in the bond amount.
If the applicant has properly constructed roads, sidewalks, utilities, amenities and
open space (as required) and has obtained a satisfactory inspection by the City
staff, the development can convert to an appropriate maintenance bond. This
maintenance bond shall be required for a one year period prior to the final
inspection and release of the maintenance bond by the City.
25
3. Failure to Complete Improvements - Where a performance bond has been posted
and required improvements have not been installed within the terms of such
performance bond, the City of Spring Hill Municipal Planning Commission may
thereupon declare the development to be in default. The City shall require that all
the improvements be installed regardless of the extent of the building
development, or "build-out”, at which time the bond may be “called” by the City
to complete the public improvements and required amenities. Vacation of the plat
may be considered by the Planning Commission if no building has occurred or
lots sold.
Should the bond(s) and supporting surety not be renewed or extended as approved
by the Codes Director within fourteen (14) days of the expiration date, or if the
new documentation is not in accordance with the requirements set forth herein,
then the bond will be assumed to be in default and will be "called" in its full
amount by the Building Codes Director.
Further, building permits may be suspended for remaining lots in the subject
subdivision until all required public infrastructure has been completed and
accepted by the City.
5. Building Performance Bond
In a phase of a subdivision where public improvements have been fully completed, dedicated,
and accepted by the City, but for which undeveloped lots remain, the builder shall be required to
post with the City a continuous non-revocable surety bond in the amount of ten thousand dollars
($10,000.00) prior to issuance of a building permit. This bond may be posted to cover up to two
(2) outstanding "building permits at any time. This bonding will be used to ensure no damage
caused to the road and drainage system and/or other installed improvements such as headwalls,
pipes, and driveways. This bond would be released when the last structure intended to be built is
completed, and has received its certificate occupancy permit.
4.2 Inspection of Improvements
1. General Procedure
1. A pre-construction conference between the applicant, City Engineer and any
affected department head shall be held prior to any work being initiated. The
applicant shall furnish an itemized construction schedule giving dates for
performing each portion of the work, including the implementation of the erosion
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control plan. A grading permit will then be required prior to commencement of
any work.
2. It shall be the responsibility of the applicant to properly notify the City Engineer
and each affected department of City of Spring Hill to inspect the required
improvements which will eventually become the maintenance responsibility of
that department. All required improvements which will not be the responsibility
of a specific department of City of Spring Hill shall be inspected by the Planning
Department Staff with assistance, as necessary, from other departments and the
City Engineer, or the affected utility vendors. Upon inspection, if any of the
required road improvements have not been constructed in accordance with the
applicable construction standards and specifications, the applicant shall be
responsible for completing the improvements. Whenever the cost of
improvements is covered by a performance bond, the applicant and the bonding
company shall be severally and jointly liable for completing the improvements
according to specifications.
The Planning Commission may provide for inspection of required improvements
during construction and ensure their satisfactory completion. Inspection of
improvements by City representatives shall not be the basis of the applicant's
evaluation of the work performed by his contractors. The City vigorously
encourages that the applicant retain a licensed engineer to oversee work and
certify compliance with approved plans and specifications. If the appropriate
governmental representative finds upon inspection that any of the required
improvements have not been constructed in accordance with the governing body's
construction standards and specifications, the applicant shall be responsible for
completing the improvements to the required standards. Whenever the cost of
improvements is covered by a performance bond, the applicant and' the bonding
company shall be liable severally and jointly for completing said improvements
according to specifications.
3. Prior to release of the Performance Bond the applicant shall be required to
provide a letter from the design engineer indicating that he has inspected the
project and attesting that it has been constructed as per the approved design. This
letter shall be signed and sealed by the engineer.
4. Incidental improvements and appurtenances not constructed under the
performance bond (i.e. driveway pipes and headwalls), shall be included in the
building performance bond.
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4.3 Maintenance of Improvements
The applicant shall be required to maintain all completed public improvements until they are
formally accepted for maintenance by the City of Spring Hill.
A maintenance bond, secured by a Letter of Credit, certified check, cash account, or insurance
bond from an approved financial institution as set forth herein, to guarantee the roads, sidewalks,
shoulders, signage, ditches and/or drainage system, utilities, and required amenities shall be
required of each applicant for a minimum period twelve (12) months.
The maintenance period will begin only after all public improvements and required amenities
have been properly constructed by the developer and accepted by the City. The maintenance
bond shall be 30% of the actual construction cost of all public improvements and required
amenities. At 80% build out (80% of houses within the development or particular phase to be
bonded have received their certificate of occupancy) unless otherwise approved by the Planning
Commission the applicant shall install the final asphalt layer.
If the developer chooses to install the final asphalt layer/topping prior to 80% build out then he
will be required to post the maintenance bond at the time of final asphalt layer installation. The
maintenance bond shall be continuous until a minimum of one (1) year after the 80% build out
has been complete. The release of the Maintenance Bond shall be contingent upon the
completion of the above and, in the case of road construction and/or improvements, acceptance
of the dedication by the Spring Hill Board of Mayor and Aldermen.
4.4 Acceptance of Dedication Offers
Acceptance of formal offers of dedication of public ways and improvements to City of Spring
Hill Government shall be by City of Spring Hill Board of Mayor and Aldermen after review by
the Planning Commission. The approval by the Planning Commission of a subdivision plat shall
not be deemed to constitute or imply the acceptance by City of Spring Hill Government of any
public ways, public improvements, or required amenities shown on the plat. The Planning
Commission shall require said plat to be endorsed with appropriate notes to this effect.
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SECTION V
REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS, AND DESIGN
5.1 General Requirements
5.1.1 Conformance to Applicable Rules and Regulations
In addition to the requirements established herein, all subdivision plats shall comply with
all applicable laws, ordinances, resolutions, rules, or regulations, including, but not
limited to:
1. All applicable provisions of Tennessee Law, regulations, or policy;
2. Any zoning ordinance, any building and housing codes, and all other applicable
laws or policies of the Planning Commission;
3. The adopted future land use plan, zoning map, and major thoroughfare plan;
4. The rules of the County Health Department and the Tennessee Department of
Environment and Conservation;
5. The rules, as applicable, of the Federal Highway Administration or Tennessee
Department of Transportation, if the subdivision or any lot contained therein abuts
a nonlocal highway; and
6. The standards and regulations adopted by all other Boards, Commissions, and
Agencies of the Planning Commission, where applicable.
Plat approval may be withheld if a subdivision is not in conformity with the above rules
or with the provisions set forth herein.
5.1.2 Self-Imposed Restrictions
If the owner places restrictions on any of the land contained in the subdivision greater
than those required by any zoning ordinance or these regulations, such restrictions or
reference thereto shall be recorded with the county register on the final subdivision plat.
5.1.3 Monuments
The subdivider shall place permanent reference monuments on the subdivision when new
streets are to be constructed and as required herein by a licensed surveyor in the State of
Tennessee. Monuments shall be located and set as follows.
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1. All monuments shall be placed on property corners or referenced to property lines
or road alignments.
2. The external boundaries of a subdivision shall be monumented in the field by
monuments of non-degradable materials not less than four (4) feet in length; not
less than four (4) inches square or five (5) inches in diameter; and marked on top
with a cross, brass plug, iron rod, or other durable material securely embedded.
One permanent control monument, both vertical and horizontal, shall be placed
within each subdivision where roads are to be constructed. Control monuments
shall be located within dedicated right-of-way near the entrance of the subdivision
and, if possible, in non-fill areas or affixed to a natural rock outcrop and shall
comply with the following:
1. Horizontal coordinates shall be shown on the final subdivision plat and shall
be correlated to the Tennessee State Plane Coordinate System using North
American Datum 1983 and North American Vertical Datum 1929.
2. Field ties and reference notes defining magnetic north bearings and
distances to the nearest established street line or official benchmark shall be
accurately described on the final subdivision plat.
3. A description shall be included on the final subdivision plat using words
and/or symbols as to allow it to be easily located at the site.
4. Azimuth information provided to either a second monument or a substitute
such as an antenna, church steeple or other natural object of which
disturbance is unlikely, shall be included on the final subdivision plat.
3. Internal monuments and lot pins shall be required as follows:
1.One monument for each four lots, or fraction thereof, and placed within
sight distance of one another.
2.Lot corners and lot-line breaks shall be staked with iron surveyor’s pins.
3.All internal boundaries and those corners and points, not referred to in the
preceding paragraphs, shall be monumented in the field by like monuments
as described above. Such monuments shall be placed at each end of all
curves, at a point where a river changed its radius, and at all angle points in
any line. All lot comers not falling on any of the above described points
shall be marked by iron surveyor pins at least eighteen (18) inches long and
five-eights (5/8) inch in diameter.
4
The lines of lots that extend to rivers or streams shall be monumented in the field
by iron surveyor pins at least eighteen (18) inches long and five-eighth (5/8) inch
in diameter. Such pins shall be placed at the point of intersection of the river or
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stream and lot line, with a meander line established not less than twenty (20) feet
back from the bank of the river or stream.
5
All monuments and pins shall be properly set in the ground and approved by a
surveyor prior to the time the Planning Commission recommends approval of the
final plat or release of the bond where bond is made in lieu of improvements.
5.1.4 Character of the Land
Land which the Planning Commission finds to be unsuitable for subdivision or
development due to flooding, improper drainage, steep slopes, rock formations, adverse
earth formations or topography, utility easements, or other features which would be
harmful to the safety, health, and general welfare of inhabitants of the land and
surrounding areas shall not be subdivided or developed unless adequate methods are
formulated by the developer and approved by the Planning Commission, upon
recommendation of any staff assistant serving the Planning Commission and/or other
governmental representative, if any, to solve the problems created by the unsuitable land
conditions. Such land shall be set aside for such uses as will not involve such a danger.
Where protection against flood damage is necessary, the following may be required:
1. The imposition of any surety and deed restrictions enforceable by the Planning
Commission to regulate the future type and design of uses within the flood prone
areas; and
2. Flood protection measures designed so as to not increase, either individually or
collectively, flood flows, height, duration, or cause damages, and so as not to
infringe upon the regulatory floodway.
3. Installation of flood warning systems.
4. The use of fill, dikes, levees, and other protective measures.
5. The use of flood-proofing measures, which may include:
1.
Anchorage to resist flotation and lateral movement.
2.
Installation of watertight doors, bulkheads, shutters, or other similar
methods of closure.
3.
Reinforcement of walls to resist water pressures.
4.
Use of paints, membranes, or mortars to reduce seepage through walls.
5.
Addition of mass or weight to structures to resist flotation.
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6.
Installation of pumps to lower water levels in structures.
7.
Construction of water supply and waste treatment systems so as to prevent
the entrance of or contamination of flood waters.
8.
Installation of pumps or comparable facilities for subsurface drainage
systems to relieve external foundation wall and basement flood pressures.
9.
Building design and construction to resist rupture or collapse caused by
water pressure of floating debris.
10. Installation of valves or controls on sanitary and storm drains which permit
the drains to be closed to prevent backup of sewage and stormwater into
buildings or structures.
11. Location and installation of all electrical equipment, circuits, and
appliances so that they are protected from inundation by the regulatory
flood.
12. Location of storage facilities for chemicals, explosives, buoyant material
flammable liquids, or other toxic materials which would be hazardous to
the public health, safety, and welfare at or above the regulatory flood
protection elevation, or design of such facilities to prevent flotation of
storage containers or damage to storage containers which could result in the
escape of toxic materials.
The acceptability of any flood protection methods formulated by the subdivider or his
agent shall be determined by the Planning Commission, which shall be guided by the
policies set forth in these regulations.
5.1.5 Subdivision Name
The proposed name of the subdivision and roadways shall not duplicate or too closely
approximate phonetically the name of any other subdivision or roadway in the area
covered by these regulations. These names shall be submitted to the County’s Emergency
Communication Office which has the authority to designate the name of the subdivision
and roadways. These names shall be determined at sketch or preliminary plat approval.
5.1.6 Hillside Slope Areas
Hills constitute significant natural topographic features of the community and create
aesthetic settings, often visible citywide. In order to insure hillside preservation, the
regulations of this section are established to recognize development in hilly areas; special
considerations shall be given for unique situations which result from the slope of the
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land. Where areas are developed on hillsides, such features as geological and special soil
conditions may cause serious consequences, such as adverse effects from destruction of
natural scenic beauty and unsightly developments, increased erosion, fire, or flood
hazards, property damage from extensive soils slippage and subsidence, and sewage
disposal or traffic circulation problems.
1. Hillsides having less than twenty (20) percent slopes shall be governed by the base
zoning district.
2. Developments containing natural slopes of twenty (20) to twenty five (25) percent,
shall meet the following minimum requirements:
1. Maximum density, regardless of the base zoning district, shall be 50% of the
designated base zone.
2. The area shall contain no more than thirty three (33) percent of impervious
areas (buildings, streets, sidewalks, parking lots, etc.).
3. A geo-technical report (by a licensed professional engineer, in the State of
Tennessee, specializing in geo-technical soils analysis and investigations)
shall be submitted for review and approval by the Planning Commission. The
report shall include, at a minimum, identification of unstable soils and rock
formations with recommendations and design details on stabilization of the
unsuitable soils. The report should also identify any areas which are
unsuitable for development.
4. Structural building heights shall not exceed fifteen (15) feet below the top of
any hill crest.
3. All areas containing slopes of greater than twenty five (25) percent shall be
permanently maintained (in its natural state) and designated by a preservation
easement.
4. Any areas requiring stabilization by means of retaining walls, rip-rap stone, or
applied concrete shall be screened by landscaping buffers and materials as approved
by the Planning Commission.
5. All materials utilized for stabilization methods by means of retaining walls, rip-rap
stone, or applied concrete shall be reviewed and approved by the Planning
Commission.
6. Retaining walls exceeding 4 feet in height shall be designed by a licensed
professional engineer in the State of Tennessee who specializes in structural
engineering.
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7. Streets shall not exceed the maximum permitted grades for streets as described in
the Subdivision Regulations. The maximum slope permitted on a driveway shall be
fourteen (14) percent and shall have landings at the top and bottom to prevent
vehicles from scraping pavement.
8. Cut and fill shall be minimized by the following existing contours to the greatest
extent possible. Street and driveway constructions shall minimize scars from cuts
and fill and shall avoid permanent hillside scarring.
9. A site plan for each lot shall be required. The following is a list of additional
information which shall be required on the site plan:
1. Drawn to scale of one (1) inch equals twenty (20) feet.
2. Name, address, telephone number, and seal of the professional engineer,
licensed in the State of Tennessee, drawing the plan.
3. Boundary information, including bearings, curve data, and distances, as shown
by the recorded final subdivision plat.
4. Building footprint with the finished floor elevation (if in flood plain) and
sidewalk and driveway plan and profile.
5. Existing and proposed drainage structures.
6. Ditches and swales to direct and redirect storm water runoff, types of
stabilization if greater than three-to-one (3:1) slopes, and provide details, such
as geotechnical fabric, sod, rip-rap stone, engineered terrace walls, or other
approved methods.
7. Proposed grading to direct surface runoff away from structures, provide positive
drainage for the entire site, and indication that surface runoff will not be
directed to adjacent properties.
8. A schedule of maintenance and all forms of erosion/siltation controls necessary
to control surface runoff.
9. The grade at the driveway entrance shall prevent roadway drainage from
flowing into the driveway and lot.
10. Ditches shall be a minimum of ten (10) feet from structures.
11. The site plan shall be checked against construction plans for utility conflicts,
including grading and services that were to be completed by the construction of
the subdivision.
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12. Utility locations, including but not limited to, cable, gas, sewer, telephone, and
water.
13. Verify site information with adjoining property improvements.
14. Turnaround areas at garages shall provide a minimum distance of thirty (30)
feet from the face of structures to the edge of the driveway.
15. Retaining walls over four (4) feet height shall be designed by a licensed
professional engineer in the State of Tennessee and specializing in design of
structural retaining walls.
16. A geotechnical report to indicate any unstable soil types with recommended
stabilization methods.
5.1.7 Development Near or Contiguous to Homes of Historical Significance
Development near or contiguous to National Register of Historic Sites, (as identified in
the book of “National Register Properties 1995” with subsequent amendments) and/or
as determined by the City of Spring Hill Planning Commission to have Historical
Value to the City, community, or neighborhood, shall be developed in accordance with
the approval requirements of the City of Spring Hill Planning Commission.
5.2 Lot Requirements
5.2.1 Lot Arrangement
The lot arrangement shall be such that there will be no foreseeable difficulties, for
reasons of topography, flood hazards, or other conditions in securing building permits to
build on all lots in compliance with any zoning ordinance and state and county public
health department regulations and in providing driveway access to buildings on such lots
from an approved public way.
When feasible, lot arrangement shall be such that building sites will afford maximum
utilization of energy conservation measures, such as providing for solar access purposes.
Where a lot in any flood prone area must be improved to provide a building site free from
flooding, such improvements shall be made outside the floodway by elevation or fill to at
least two (2) feet above the regulatory flood protection elevation (one hundred-year
flood) for a distance extending at least twenty-five (25) feet beyond the limits of intended
structures and, additionally, extending a sufficient distance to include areas for
subsurface sewage disposal if the lot is not to be connected to a public sanitary sewer
system. Any fill shall be protected against erosion by riprap, vegetative cover, or other
methods deemed acceptable by the Planning Commission.
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In nonresidential building sites outside a floodway but subject to flooding, the use of
structural flood proofing methods specified in Subsection 5.1.4, of these regulations, as
an alternative to landfill, may be approved by the Planning Commission, as provided in
Subsection 3.1.2, of these regulations.
5.2.2 Lot Dimensions
Lot dimensions shall comply with the minimum standards of any zoning ordinance.
When future re-subdivision is reasonably foreseen, the Planning Commission may
require that such lots be arranged so as to allow further subdivision and the opening of
future public ways where they would be necessary to serve such potential lots, all in
compliance with any zoning ordinance and these regulations.
Where solar access is a primary consideration, side lot lines shall generally run from due
north to due south, regardless of the resulting angle of incidence with a public way. A
variation of up to twenty-five (25) degrees east or west of this axis is permitted by the
Planning Commission; further variations may be allowed, but only to provide a better
public way or lot plan.
5.2.3 Types of Lots
1. A corner lot is defined as a lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a corner lot. See
lots A and A (1) in the diagram.
In residential developments, the applicable front setbacks for the underlying zone
of the property shall be applied for each corner lot yard that is street-side.
2. An interior lot is defined as a lot other than a corner lot with only one frontage on
a street. See lots “B” in the diagram. The front, side, and rear yard setbacks
required in the underlying zone shall be enforced.
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3. A through lot is defined as a lot other than a corner lot with frontage on more than
one street. See lots C in the diagram. The front, side, and rear (if applicable, see
lot C-D) yard setbacks required in the underlying zone shall be enforced.
4. Front setbacks shall apply to all street frontages of all lots.
Depth and width of properties reserved or laid out for business, commercial, or industrial
purposes shall be adequate to provide for the off-street parking and loading facilities
required for the type of use and development contemplated, and as established in any
zoning ordinance.
5.2.4 Building Setback Lines
In the case of electric transmission lines where easement widths are not definitely
established, a minimum building setback line from the center of the transmission line
shall be established as follows:
Voltage of Line
46 KV
69 KV
161 KV
Building Setback
37.5 (thirty seven and a half) feet
50 feet
75 feet
5.2.5 Access to Lots
5.2.5.1 Access from Arterial or Collector Public Way
The Planning Commission may require that lots shall not derive access
exclusively from arterial or collector public ways. Where driveway access from
such public ways may be necessary for several adjoining lots, the Planning
Commission may require that the lots be served by a combined access drive in
order to limit possible traffic hazards. Driveways shall be designed and arranged
so as to avoid requiring vehicles to back onto arterial or collector public ways.
5.2.6 Soil Preservation, Grading, Erosion Control, and Seeding
5.2.6.1 Soil Preservation and Final Grading
No certificate of occupancy shall be issued until final grading has been
completed in accordance with the approved construction plan.
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Topsoil shall not be removed from residential lots or used as spoil, but shall
be redistributed so as to provide cover on the lots, cover between any
sidewalks and curbs, and be stabilized by seeding or planting.
5.2.6.2 Lot Drainage
Lots shall be laid out so as to provide positive drainage away from all
buildings; individual lot drainage shall be coordinated with the general storm
drainage pattern for the area. Perimeter lot line drainage swales and/or storm
piping will be required where it is necessary to achieve positive and adequate
drainage runoff conveyance away from the buildings. Adequate and positive
drainage shall be provided by the developer and builder during grading and
finished grading activities.
5.2.6.3 Debris and Waste
No cut trees, timber, debris, junk, rubbish, or other waste materials of any
kind shall be buried in any land or left or deposited on any lot or public way at
the time of the issuance of a certificate of occupancy for the lot, and removal
of such waste shall be required prior to issuance of any certificate of
occupancy. Neither shall any such waste be neither left behind nor deposited
in any area of the subdivision at the time of expiration of the performance
bond or dedication of public improvements, whichever is sooner.
5.2.7 Fencing
Each subdivider or developer shall be required to furnish and install all fences wherever
the Planning Commission determines that a hazardous condition exists. Such fences shall
be constructed according to standards established by the Planning Commission, as
appropriate, and shall be noted on the final plat as to height and required materials. No
certificate of occupancy shall be issued for any affected lot until such fence
improvements have been installed.
5.2.8 Water Bodies and Watercourses
If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so
drawn as to distribute the entire ownership of the water body among the fees of adjacent
lots. The Planning Commission may approve an alternative plan whereby the ownership
of and responsibility for safe maintenance of the water body is so placed that it will not
become a governmental responsibility and shall be the responsibility of the homeowner’s
association.
No more than ten (10) percent of the minimum area of a lot required under any zoning
ordinance may be satisfied by land which is under water. Where a watercourse separates
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a buildable area of a lot from the public way by which it has access, provisions shall be
made for installation of a culvert or other structure approved by the Planning
Commission and no certificate of occupancy shall be issued for a structure on such a lot
until the installation is completed and approved by the Planning Commission and/or the
appropriate governmental representative.
5.3 Public Ways
5.3.1 General Requirements
5.3.1.1 Frontage on Improved Public Way
No subdivision shall be approved unless the area to be subdivided shall meet
the requirements for access set forth herein, of these regulations or, if any
new street construction or improvement is involved, a street approved and
dedicated as provided in Articles 3 and 4, of these regulations. Any such
public way must be suitably improved to the standards required by this article
or be bonded by a performance bond required under these regulations, with
the roadway and right-of-way widths required by this article or the major
street or road plan.
5.3.1.2 Grading and Improvement Plan
Public ways shall be graded and improved to conform to the standards
required by this section and shall be approved as to design and specification
by the appropriate governmental representative in accordance with the
specifications required herein. No surface shall be applied to the base of any
proposed public way prior to the approval of the final plat of the subdivision
or of the final approval of any section of the subdivision in question without
having been properly inspected.
5.3.1.3 Improvements in Floodable Areas
The finished elevation of proposed public ways subject to flood shall be no
less than two (2) feet above the one hundred (100) year regulatory flood
protection elevation. The Planning Commission may require profiles and
elevations of public ways to determine compliance with this requirement. All
drainage structures shall be sufficient to discharge flood flows without
increasing flood height. Where fill is used to bring the finished elevation of
any public way to the required elevation, such fill shall not encroach upon a
floodway except for such crossing of floodway by means of a bridge or
culvert, and the fill shall be protected against erosion by rip-rap, vegetative
cover, or other methods deemed acceptable by the Planning Commission.
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5.3.1.4 Topography and Arrangement
1.
All public ways shall be arranged so as to obtain as many of the
building sites as possible at or above the grades of the public ways.
Grades of public ways shall conform as closely as possible to the
original topography. A combination of steep grades and curves shall
not be permitted. Specific design standards are contained herein, of
these regulations.
2.
The use of public ways running in an east-west direction and lots on a
north south axis is encouraged for energy conservation of
developments.
3.
All public ways shall be properly integrated with the existing and
proposed system of public ways and dedicated rights-of-way as
established on the major street or road plan or the land development
plan.
4.
All public ways shall be properly related to special traffic generators,
such as industries, business districts, schools, churches, and shopping
areas or centers; to population densities; and to the pattern of existing
and proposed land use.
5.
Minor public ways shall be laid out to conform as much as possible to
the topography; to permit efficient drainage and utility systems; and
to require the minimum ways necessary to provide convenient and
safe access to property.
6.
The use of curvilinear streets, cul-de-sac, or "U"-shaped streets shall
be encouraged where such use will result in a more desirable layout.
7.
Proposed public ways shall be extended to the boundary lines of the
tract to be subdivided, or unless, in the opinion of the Planning
Commission, such extension is not necessary or desirable for the
coordination of the subdivision design with the existing layout or the
most advantageous future development of adjacent tracts. The public
way extensions shall include roadway construction and dedication of
right-of-ways to the property lines. If the roadway cannot be
constructed without the use of retaining walls or other special features
it shall be the responsibility of the owner/developer to construct such
features as to allow construction of the roadway to the property line
for a future connection by adjoining property development. The
Planning Commission may also require construction easements to be
established on the plat as to allow the adjacent property development
the ability to construct and adjoin the roadways in the future without
40
improper encroachment onto
considered for development.
8.
said
property,
currently being
In business and industrial developments, public ways and other
access routes shall be planned in connection with the grouping of
buildings, location of rail facilities, and the provision of alleys, truck
loading and maneuvering areas, and walks and parking areas, so as to
minimize conflict of movement between the various 'types of traffic,
including pedestrian traffic.
5.3.1.5 Blocks
1.
Blocks shall have sufficient width to provide for two (2) tiers of lots
of appropriate depth. Exceptions to this prescribed block width may
be permitted in blocks adjacent to major public ways, railroads, or
waterways.
2.
The lengths, widths, and shapes of blocks shall be determined with
due regard to:
1.
provision of adequate building sites suitable to the special
needs of the type of use contemplated;
2.
any zoning requirements as to lot sizes and dimensions;
3.
needs for convenient access, circulation, control, and safety
of vehicular and pedestrian traffic; and
4.
limitations and opportunities of topography.
3.
Block lengths in residential areas shall not exceed sixteen hundred
(1,600) feet nor be less than two hundred (200) feet, except as the
Planning Commission deems necessary to secure efficient use of land
or desired features of the public way pattern. Wherever practicable,
blocks along arterial or collector routes shall not be less than one
thousand (1,000) feet in length.
4.
Blocks designed for industrial or commercial uses shall be of such
length and width as may be deemed suitable by the Planning
Commission.
5.
In any long block, the Planning Commission may require the
reservation of an easement through the block to accommodate
utilities, drainage, facilities, and/or pedestrian traffic. A pedestrian
walkway, not less than ten (10) feet wide, may be required by the
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Planning Commission through the approximate center of any block
more than eight hundred (800) feet long, where deemed essential to
provide circulation or access to a school, playground, shopping
center, transportation facility, or other community facility.
5.3.1.6 Access to Arterials and Collectors
The number of residential or local public ways entering on arterial or collector
routes shall be kept to a minimum.
Where a subdivision borders on or contains an existing or proposed arterial or
collector route, the Planning Commission may require that access to such public
way be limited by:
1.
the subdivision of lots so as to back on the arterial or collector route
and front on a parallel minor route;
2.
a series of cul-de-sac, "U" shaped public ways, or short loops entered
from and designed generally at right angles to such a parallel public
way, with the rear lines of their terminal lots backing onto the arterial
or collector route; or
3.
a marginal access or service public way, separated from the arterial or
collector route by a planting or grass strip and having access thereto
at suitable points.
5.3.1.7 Reserve Strip
The creation of reserve strips adjacent to a proposed public way in such a manner
as to deny access from adjacent property to such public way shall generally not be
permitted.
However, in extraordinary circumstances the Planning Commission may allow
creation of a reserve strip to enable a more appropriate pattern of lots or public
ways.
Where such is created the Planning Commission must agree to any and all future
depositions of same. A notation to this effect shall be entered on the final plat or
approved as an auxiliary instrument attached thereto.
5.3.1.8 Arrangement of Continuing and Dead-End Public Ways
1. Arrangement of Continuing Public Way
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The arrangement of public ways shall provide for the continuation of
major public ways between adjacent properties when such continuation
is necessary for convenient movement of traffic, effective fire protection,
efficient provision of utilities, and when such continuation is in
accordance with the Major Thoroughfare Plan. If the adjacent property is
undeveloped and the public way must be a dead-end public way
temporarily, the right-of-way shall be extended to the property line. A
paved and curbed temporary cul-de-sac shall be provided on all temporary
dead-end public ways as required in the following turnabout standards,
with a notation on the subdivision plat that land outside the normal public
way right-of-way shall revert to abutting property owners whenever the
public way is continued. The Planning Commission may limit the length
of temporary dead-end public ways in accordance with the design
standards of these regulations.
2. Dead-End Public Way - Where a public way does not extend beyond the
boundary of the subdivision and its continuation is not required by the
Planning Commission for access to adjoining property, its terminus shall
normally not be nearer to such boundary than fifty (50) feet. However, the
Planning Commission may require the reservation of an "appropriate”
easement to accommodate drainage facilities, pedestrian traffic, or
utilities. A cul-de-sac turnabout shall be provided at the end of a dead-end
public way in accordance with the design standards of these regulations.
For greater convenience to traffic and more effective police and fire
protection, permanent dead-end public ways shall, in general, be limited in
length in accordance with the design standards of these regulations.
5.3.2 Design Standards
5.3.2.1 Purpose
In order to provide public ways of suitable location, width, and improvement to
accommodate prospective traffic and afford satisfactory access to police,
firefighting, sanitation, and road maintenance equipment, and to coordinate public
ways so as to compose a convenient and safe system and avoid undue hardships to
adjoining properties, the public way design standards set forth in this section are
hereby required. (Public way classification shall be as indicated on the Major
Thoroughfare Plan otherwise, the public way shall be classified by the Planning
Commission according to the definitions in Section II of these regulations.)
5.3.2.2 General Design
The general design of all public ways shall conform to the standards in the tables
contained at the end of this Section.
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5.3.2.3 Intersections
1.
Public ways shall be laid out so as to intersect as nearly as possible
at right angles. A proposed intersection of two (2) new public ways
at an angle of less than seventy-five (75) degrees shall not be
permitted. An oblique public way should be curved approaching an
intersection and should be approximately at right angles for at least
one hundred (100) feet there from. Not more than two (2) public
ways shall intersect at any one point unless specifically approved
by the Planning Commission.
2.
Proposed new intersections along one side of an existing public
way shall coincide, wherever practicable, with any existing
intersections on the opposite side of such public way. Jogs within
public ways having center line offsets of less than one hundred
fifty (150) feet shall not be permitted, except where the intersected
public ways have separated dual drives without median breaks at
either intersection. Where public ways intersect arterial or collector
routes, their alignment shall be continuous. Intersections of
arterial or collector public ways shall be at least eight hundred
(800) feet apart.
3.
Minimum curb radius at the intersection of two (2) minor public
ways shall be twenty-five (25) feet, and minimum curb radius at an
intersection involving a collector public way shall be thirty (30)
feet. Alley intersections and abrupt changes in alignment within a
block shall have the comers cut off in accordance with standard
engineering practice to permit safe vehicular movement.
4.
Where a public way intersection will involve earth banks or
existing vegetation inside any lot comer that would create a traffic
hazard by limiting visibility, the subdivider shall cut such ground
or vegetation (including trees) in connection with the grading of
the public right-of-way to the extent necessary to provide adequate
sight distance.
5.
Intersections shall be designed with a flat grade wherever practical.
In hilly or rolling areas, at the approach to an intersection, a
leveling area shall be provided having not greater than a two (2)
percent grade for a distance of sixty (60) feet, measured from the
nearest right-of-way line of the intersecting public way.
6.
The cross-slope on all public ways, including intersections, shall
be three (3) percent or less.
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5.3.2.4 Excess Right-of-Way
A slope easement in excess of the right-of-way designated in these regulations
may be required whenever, due to topography, additional width is necessary to
provide adequate earth slopes. Such slopes shall not be steeper than three to one
(3:1). Where solid rock is encountered slopes shall not be steeper than two to one
(2:1).
5.3.2.5 Railroads and Limited Access Highway
Railroad right-of-way and limited access highways, where so located as to affect
the subdivision of adjoining lands, shall be treated as follows:
1.
In residential areas, a buffer strip at least twenty-five (25) feet in
depth in addition to the normally required depth of the lot may be
required adjacent to the railroad right-of-way or limited access
highway. This strip shall be part of the platted lots and shall be
designated on the plat:
"This strip is reserved for screening; the placement of
structures hereon is prohibited."
2.
In commercial or industrial areas, the nearest public way extending
parallel or approximately parallel to the railroad shall, wherever
practicable, be at a sufficient distance there from to ensure suitable
depth for commercial or industrial usage.
3.
Public ways parallel to a railroad, when intersecting a public way
which crosses the railroad at grade, shall to the extent practicable,
be at a distance of at least one hundred fifty (150) feet from the
railroad right-of-way. Such distance shall be determined with due
consideration of the minimum distance required for future
separation of grades by means of appropriate approach gradients.
5.3.2.6 Bridges
Bridges of primary benefit to the subdivider, as determined by the Planning
Commission, shall be constructed at the full expense of the subdivider without
reimbursement from the City.
5.3.3 Right-of-Way Width Dedication on Existing Public Ways
Where a subdivision adjoins an existing narrow public way or where the Major
Thoroughfare Plan or any zoning setback provisions indicate plans for realignment or
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widening of a public way that would require use of some of the land in the subdivision, the
subdivider shall be required to dedicate, at his expense, areas for widening or realigning
such public way as set forth below:
1. The entire right-of-way shall be provided where any part of the subdivision is
on both sides of the existing public way; or
2. When the subdivision is located on only one side of an existing public way,
one-half (1/2) of the required right-of-way, measured from the centerline of the
existing pavement, shall be provided.
5.3.4 Public Way Surfacing and Improvements
After underground utilities have been installed, the subdivider shall construct curbs or curbs
with gutters, where required, and shall surface or cause to be surfaced public ways to the
widths prescribed in these regulations. No public way shall be surfaced until preliminary
approval of the subdivision plat has been obtained. Surfacing shall be of such character as is
suitable for the expected traffic. Types and methods of paving shall be according to the
specifications of the Planning Commission but in no event shall such construction be below
the construction specifications set forth in these subdivision regulations. Adequate provisions
shall be made for culverts or other drains, and bridges, as required.
The asphalt binder layer will be installed to grade with the storm water catch basins, manhole
castings, or other castings within the roadway as to allow proper surface drainage prior to
installation of the asphalt topping layer. Final asphalt topping will be installed upon
completion of eighty (80%) of the residential houses within the subdivision phase.
All public and private ways pavements, shoulders, drainage improvements and structures,
any curb turnabouts, and sidewalks shall conform to all construction standards and
specifications adopted by the Planning Commission and shall be incorporated into the
construction plans required to be submitted by the developer for plat approval.
All roads located within residential developments shall utilize either 24"concrete curb and
gutter or 8" extruded concrete curbing in accordance with the standard specified in the
Drainage Design and Street Construction Specifications. Should 8" extruded concrete
curbing be utilized then it shall be installed on the asphalt binder layer of the roadway with
the asphalt topping layer abutted to the face of the extruded concrete curb. Adequate binder
base material shall be installed as to allow the full width of the 8" extruded curb base to set
on the asphalt binder surface. All pavement widths for 8" extruded curb installations shall be
measured from inside face-of-curb to inside face-of-curb. The pavement widths shall be in
accordance with the "General Design Standards for Roadways" and the roadway crosssection details for each type of roadway classification as specified in these Subdivision
Regulations.
All intersections shall contain thermoplastic stop bars in accordance with the Manual on
Uniform Traffic Control Devices.
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5.4 Road Construction Specifications
The road construction specifications are included in these regulations and are adopted as a part
hereof. These specifications shall be the minimum standards for any subdivision within the
jurisdictional area. Design standards shall also be in accordance with standards of TDOT, AASHTO
and MUTCD.
5.5 Driveway Curb Cut
The driveway curb cut detail specifications for cuts in the roadway concrete curb are included in
these regulations and are adopted as a part hereof. These specifications shall be the minimum
standards for any subdivision within the jurisdictional area.
5.6 Drainage and Storm Sewers
5.6.1 General Requirements
The Planning Commission shall not approve any plat of a subdivision which does not
make adequate provisions for stormwater or floodwater run-off channels or basins. The
stormwater drainage system shall be separate and independent from any sanitary sewer.
5.6.2 Nature of Stormwater Facilities
5.6.2.1 Location
The subdivider may be required by the Planning Commission to transport by pipe
or open ditch any spring or surface water that may exist prior to or as a result of
the subdivision. 'Such drainage facilities shall be located in the public way rightof-way, where feasible, or in perpetual unobstructed easements of appropriate
width and shall be constructed in accordance with the construction specifications
contained in these regulations.
5.6.2.2 Accessibility to Public Storm Sewers
1.
Where a public storm sewer is accessible, the developer shall install
storm sewer facilities, or if no outlets are within a reasonable distance,
adequate provision shall be made for the disposal of stormwaters,
subject to the specifications of the appropriate governmental
representative; inspection of facilities shall be conducted by the
enforcing officer to assure compliance.
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2. If a connection to a public storm sewer will be provided eventually, as
determined by the Planning Commission, the subdivider shall make
arrangements for future stormwater disposal by a public system at the
time the plat receives final approval. Provisions for such connection
shall be incorporated by inclusion in the performance bond required for
the final subdivision plat.
3. All underground storm water conveyances shall be inspected by the City
to ensure proper installation prior to acceptance by the City. DVD
recording and inspection shall be performed by the City of Spring Hill
Storm Water Coordinator for verification.
4. All underground storm water conveyances that are found to be
contaminated with sediment shall be cleaned by Jet-Vac and all defects
shall be repaired to the satisfaction of the City of Spring Hill Storm
Water Department at the developer’s expense. All final work shall be reverified by pipe camera inspection recorded on DVD by the City.
5.6.2.3 Accommodation of Upstream Drainage Areas
A culvert or other drainage facility shall in each case be large enough to
accommodate potential runoff from its entire upstream drainage area, whether
inside or outside the subdivision. Necessary facilities shall be sized based on the
construction specifications and assuming conditions of maximum potential
watershed development permitted by any zoning ordinance.
5.6.2.4 Effect on Downstream Drainage Areas
The Planning Commission also shall study the effect of each subdivision on
existing downstream drainage facilities outside the area of the subdivision. Where
it is anticipated that the additional runoff incident to the development of the
subdivision will overload an existing downstream drainage facility, the Planning
Commission may withhold approval of the subdivision until provision has been
made for adequate improvement of such drainage facilities in such sum as the
Planning Commission shall determine. No subdivision shall be approved unless
adequate drainage will be provided to an adequate drainage watercourse or
facility.
5.6.2.5 Areas of Poor Drainage
Whenever a plat is submitted for an area which is subject to flooding, the
Planning Commission may approve such subdivision; provided, that the applicant
fills the affected floodway fringe area of said subdivision to place public way
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elevations at no less than two (2) feet above the regulatory flood elevation and
first floor elevations (including basements) at no less than two (2) feet above the
regulatory flood elevation. The plat of such subdivision shall provide for a
floodway along the bank of any stream or watercourse of width sufficient to
contain or move the water of the regulatory flood, and no fill shall be placed in
the floodway; neither shall any building nor flood-restrictive structure be erected
or placed therein. The boundaries of the floodway and floodway fringe area, and
the regulatory flood elevation, shall be determined by the Planning Commission
based upon the review specified in Section III, Subsection 3.1.2, of these
regulations and the submission of flood data in construction plans as specified in
Section 6.3 of these regulations.
5.6.2.6 Floodplain Areas
The Planning Commission may when it deems it necessary for the health, safety,
or welfare of the present and future population of the area or necessary to the
conservation of water, drainage, and sanitary facilities prohibit the subdivision of
any portion of the property which lies within the floodplain of any stream or
drainage course. The regulatory floodway shall be preserved from any and all
destruction or damage resulting from clearing, grading, or dumping of earth,
waste material, or stumps. Any subdivision which contains flood prone land shall
be subject to the special provisions set forth in Sections 3.1.3, 3.1.4.2.1, 5.1.4.1,
5.2.1, 5.7.1.4, 5.8.4.3, 6.3.2.13, and 6.4.3.7 of these regulations.
5.6.2.7 Stormwater Drainage Calculations Specifications
The guidelines and requirements for submittal review of stormwater drainage
calculations are included in these regulations and are adopted as a part hereof.
These specifications shall be the minimum standards for any subdivision within
the jurisdictional area.
5.6.3 Dedication of Drainage Easements
5.6.3.1 General Requirements
Where a subdivision is traversed by a watercourse, drainage way, channel, or
stream here shall be provided a stormwater easement or drainage right-of-way
conforming substantially to the lines of such watercourse and of such width and
construction as will be adequate. Where open drainage ways are utilized they
shall be designed for the twenty-five (25) year frequency flood. In addition, the
50-year and 100-year storm events shall be evaluated by the developer’s engineer
to determine if additional capacity is necessary due to the potential of flooding
during high intensity storm events.
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5.6.3.2 Drainage Easements
1.
Where topography or other conditions are such as to make
impracticable the inclusion of drainage facilities within a public way
right-of-way, perpetual unobstructed easements at least twenty (20)
feet in width, for such facilities shall be provided across property
outside the public way lines and with satisfactory access to public
ways. Easements shall be indicated on the preliminary and final
plats. Drainage easements shall be carried from the public way to a
natural watercourse or to other drainage facilities.
2.
When a new drainage system is to be constructed which will carry
water across private land outside the subdivision, appropriate
drainage rights and easements must be secured and indicated on the
plat.
3.
The applicant shall preserve an area, parallel to the watercourse,
containing a width equal to and not less than two times the water
course width (as measured from top-of-bank to top-of-bank). This
area will be designated as a Water Quality Buffer Zone easement and
shall not be disturbed by the proposed development. Details of this
requirement are located within the City’s Water Quality Buffer Zone
Policy.
4.
Along watercourses, low-lying lands within any floodway, as
determined by the Planning Commission whether or not included in
areas for dedication, shall be preserved and retained in their natural
state as drainage ways.
5.6.3.3 Ditching Concrete Ditch Paving, and Culverts and Storm Drains
The design and construction details of drainage facilities shall be in accordance
with the provisions of these regulations. The design and construction details of all
such facilities shall be approved by the appropriate governmental representative.
5.7 Water Facilities
5.7.1 General Requirements
1.
Necessary action shall be taken by the developer to extend a water supply
system capable of providing domestic water use and fire protection
through the development and providing connection of the system to
adjoining properties as required by the Planning Commission.
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2.
Where a public water main is within reasonable access of the subdivision,
as determined by the Planning Commission, the subdivider shall install
adequate water facilities, including fire hydrants, subject to construction
and material specifications approval of the Planning Commission, the
Tennessee Department of Environment and Conservation, City of Spring
Hill’s Standard Specifications for Water Additions, requirements of the
Planning Commission, and by any other applicable standards and
specifications including these regulations.
3.
Water mains shall not be less than six (6) inches in diameter.
4.
All water systems, whether public or private, located in a flood prone area
shall be flood proofed to the regulatory flood protection elevation. All
water supply facilities located below the regulatory flood protection
elevation shall be designed to prevent the infiltration of floodwaters into
the water supply system and discharges from the system into floodwaters.
5.
All water lines shall be located outside the pavement and curbing of
roadways and shall be allowed only within the roadway right-of-ways or
within a designated 20-foot water utility easement.
6.
Water lines shall be designed and constructed to provide a minimum of
two water feeds to each development, as to allow uninterrupted water
conveyance to the development should one feed connection line
experience a break.
7.
Water lines shall be extended to the property boundaries of the
development as to allow future connection of the adjacent property. An
end-of-line fire hydrant, gate valve, and reverse thrust blocking shall be
installed as to allow uninterrupted water service when the future
connection is made. If an existing water line, extended to boundary from
the adjacent property, is present then the proposed development shall
connect to the existing water line.
8.
All water line plans and calculations are required to be first submitted to
the City’s Water Department for review and approval prior to submitting
to the Tennessee Department of Environment and Conservation. The
City’s Water Department representative shall be required to sign-off on
the signature block indicating the City has reviewed and approved the
proposed water line additions of the development prior to submittal to the
Tennessee Department of Environment and Conservation, whether the
additions are proposed as private or public. TDEC stamped approved
plans shall be submitted to the City’s Water Department prior to any
installation activities begin for the proposed water additions.
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5.7.2 Fire Hydrant
Fire hydrants shall be required in all subdivisions; they shall be located no more than one
thousand (1,000) feet apart and be within five hundred (500) feet of any residential
commercial or industrial lot. However, the Planning Commission may require closer
spacing where physical conditions or types of structures so warrant. To eliminate future
public way cutting or openings, all underground utilities for fire hydrants, together with
the fire hydrants themselves, and all other water supply improvements shall be installed
before any final paving of a public way shown on the subdivision plat, unless otherwise
approved by the Planning Commission.
5.8 Sewage Facilities
5.8.1 General Requirements
The applicant shall install sanitary sewer facilities in a manner prescribed by the
regulations of the Tennessee Department of Environment and Conservation, City of
Spring Hill’s Standard Specifications for Sewage Addition, requirements of the Planning
Commission, and by any other applicable standards and specifications, including these
regulations. All plans shall be designed and approved in accordance with the rules,
regulations, specifications, and standards, of any applicable governmental agency or
appropriate unit thereof.
5.8.2 Mandatory Connection to Public Sewer System
1.
When public sanitary sewers are within reasonable access of the subdivision,
as determined by the Planning Commission, the subdivider shall provide
sanitary sewer facilities to each lot therein and shall connect the facilities to
the public system. The subdivider shall provide sewers which meet standards
set forth in these regulations.
2.
All sanitary sewer facilities located in a flood hazard area shall be flood
proofed to the regulatory flood protection elevation. All sewer facilities
located below the regulatory flood protection elevation shall be designed to
prevent infiltration of floodwaters into the sewer system and discharges from
the system into floodwaters.
3.
Sewer lines shall be extended to the property boundaries of the development
as to allow future connection of the adjacent property. An end-of-line
manhole or stub-out shall be installed as to allow uninterrupted sewer service
when the future connection is made. If an existing sewer line, extended to
boundary from the adjacent property, is present then the proposed
development shall connect to the existing sewer line.
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4.
All sewer line, pump station and force main plans and calculations are
required to be first submitted to the City’s Sewer Department for review and
approval prior to submitting to the Tennessee Department of Environment
and Conservation. The City’s Sewer Department representative shall be
required to sign-off on the signature block indicating the City has reviewed
and approved the proposed sewage additions of the development prior to
submittal to the Tennessee Department of Environment and Conservation,
whether the additions are proposed as private or public. TDEC stamped
approved plans shall be submitted to the City’s Sewer Department prior to
any installation activities begin for the proposed water additions.
5.
All underground sanitary sewer conveyances shall be inspected by the City to
ensure proper installation prior to acceptance by the City. DVD recording
and inspection shall be performed by the City of Spring Hill Sewer
Department for verification.
6.
All underground sanitary sewer conveyances that are found to be
contaminated with sediment or debris shall be cleaned by Jet-Vac and all
defects shall be repaired to the satisfaction of the City of Spring Hill Sewer
Department at the developer’s expense. All final work shall be re-verified by
pipe camera inspection recorded on DVD by the City.
5.8.3 Individual Disposal System Requirements
If public sewer facilities are not available and individual disposal systems are proposed,
lot areas shall not be less than the minimums specified in these regulations; all pertinent
soil absorption tests shall be made as directed by the county environmentalist and the
results submitted to the County Health Department for approval. The individual disposal
system, including the size of the septic tank and size of the disposal fields and lines or
other secondary treatment device, also shall be approved by the County Health
Department. The Planning Commission may prohibit installation of sewage disposal
facilities requiring soil absorption systems where such systems will not function due to
high groundwater, flooding, or unsuitable soil characteristics. The Planning Commission
may require that the subdivider note on the face of the plat and any deed of conveyance
that soil absorption fields are prohibited in designated areas. All field lines for individual
disposal systems (septic tanks) installed on lots of approved subdivisions shall be
required on the same subdivision lot as the structure to be served by such system. If the
individual disposal system fails, it will be the responsibility of the property owner to
incur any costs for alternative sewerage disposal system including public sanitary sewer
service.
5.8.4 Design Criteria for Sanitary Sewers
5.8.4.1 General
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These design criteria are not intended to cover extraordinary situations.
Deviations may be allowed in those instances when approved by the Planning
Commission.
5.8.4.2 Design Factors
Sanitary sewer systems shall be designed for the ultimate tributary population
based upon appropriate plans and zoning regulations. Due consideration may be
given to any current zoning regulations and approved planning reports, where
applicable. Sewer capacities shall be adequate to accommodate the anticipated
maximum hourly quantity of sewage and industrial wastes, together with an
adequate allowance for infiltration and other extraneous flow. The unit design
flows presented hereinafter should be adequate in each case for the particular type
of development indicated. Sewers shall be designed for the total tributary area
using the criteria set forth in Table 1: Sewer Design Flows. Design flows shall
also adhere to the Tennessee Department of Environment and Conservation
“Design Basis for New Sewage Works” table located in Chapter 2 of the Sewer
Design Manual.
TABLE 1:
SEWER DESIGN FLOWS
Building Type
C.F.S. Per Acre
0.02
One and Two Family Dwellings
Apartments
0.02
One and Two Story
0.03
Three through Six Stories
Commercial
Small stores, offices, miscellaneous
0.02
businesses and shopping centers
As determined by a pretreatment study/ as approved
Industrial
by the appropriate governmental representative.
5.8.4.3 Location
Sewer lines shall be located under the pavement in roadways and where possible
located outside of areas subject to flooding. Sewer lines and manholes which must
be located within flood prone areas shall be watertight and contain watertight
manhole castings. Sewers lines and manholes shall not be located within and
under detention basins. The asphalt binder layer will be installed to grade with the
manhole castings within the roadway as to allow proper surface drainage prior to
installation of the asphalt topping layer. Adjustments to manholes castings
required to install the final asphalt topping layer shall utilize metal riser ring
adjusters, no brick, grout or precast adjusters are allowed.
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5.9 Pedestrian and Alternative Ways
5.9.1 Sidewalk Requirements
Sidewalks shall be included within the dedicated, non-pavement right-of-way of all
public ways classified as an arterial, collector, or minor public way as shown on the
Official Spring Hill Major Thoroughfare Plan or as determined by the Planning
Commission during the conceptual planning stage. Concrete curb and gutters or
extruded concrete curbs are required for all public ways where sidewalks are to be
constructed. Sidewalks shall be completed within all developments and
subdivisions as approved by the Planning Commission, within five (5) years of the
recording of the final plat for that particular phase/section of the development.
Sidewalks shall generally be required on both sides of a street, but the Planning
Commission may waive requirements for sidewalks on one side of the minor streets
based on densities of development, anticipated traffic volumes and street lengths
and connections. Sidewalks shall also be installed along private roadways and
developments as to allow the general public access to these sites and developments
unless otherwise exempted by the Planning Commission on a case by case basis.
Sidewalks shall be constructed of concrete or other masonry material (brick, stone,
etc.) approved by the Planning Commission.
Sidewalk location, width and material shall be delineated on both the preliminary
plat and the final plat. Wherever sidewalks are provided, the design guidelines, that
follow, shall govern; additional construction details are provided in these
regulations.
The minimum width of any sidewalk shall be 5-feet and shall meet all other
Americans with Disabilities Act (ADA) standards including properly constructed
handicap ramps with installation of truncated/bubble tread plate brick inserts
constructed as part of the ramp. Concrete curbing widths will not be allowed to be
considered part of the sidewalk width requirement. The curb of a curb and gutter
section shall contain an expansion joint between the curb and the sidewalk. The
expansion joint shall not be considered part of the sidewalk’s required width.
TABLE 2:
SIDEWALK DESIGN
Class of Street Sidewalk
Width
Minor Public Way
Collector Public Way
Arterial Public Way
Residential Public Way
Non-Residential
Public/Private Way
5 feet wide
6 feet wide
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5.9.2 Pedestrian Accesses
The Planning Commission may require, in order to facilitate, pedestrian access
from the public way to schools, parks, playgrounds, or other nearby public ways,
perpetual unobstructed easements at least twenty (20) feet in width. Easements
shall be indicated on the plat.
5.9.3 Alternative Pedestrian Ways
Within Planned Unit Developments (PUD's) approved under provisions of the
Zoning Ordinance, the Planning Commission may approve pedestrian walkways
at locations other than along rights-of-way of streets. Within these developments,
pedestrian walkways may be provided within a system of pathways located within
areas of commonly held open space. Within such developments, the Planning
Commission shall approve the plan of pedestrian walkways upon
recommendation of the City Engineer. Wherever walking trails or pedestrian
ways are required; construction details are provided in these regulations.
5.10 Utility Easements
1. On all preliminary and final plats, developers are required to dedicate easements for
public utilities. Such easement shall be at least ten (10) feet wide along all street
rights-of-way and along all rear lot lines, except for across-lot easements which shall
be at least twenty (20) feet wide. Such easements shall also be required along all side
lot lines and shall be at least five (5) feet wide. The subdivider shall take such actions
as are necessary to ensure the coordination and continuation of utility easements
established on adjacent properties with those proposed within his development.
Easements shall be indicated on the plats.
2. Temporary construction easements exceeding the width of permanent easements may
be required as necessary until completion of any one (1) project. Developers shall be
required to install a stone base a minimum of one hundred (100) feet from an existing
roadway along any temporary construction entrance, meeting the City’s Storm Water
Department’s MS4 Program requirements.
5.11 Public Uses
5.11.1 Plat to Provide for Public Uses
Whenever a tract to be subdivided includes a school, recreation use, a portion of a major
public way, or other public use, as indicated on the land development plan and/or major
street or road plan, or any portion thereof, such tract shall be suitably incorporated by the
developer into his plat when first presented for review by the Planning Commission.
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After proper determination of its necessity by the Planning Commission and the
appropriate governmental representative (s) involved in the acquisition and use of such
site, and after a determination has been made to acquire the site by the public agency, the
site shall be suitably incorporated by the developer into the plat prior to final approval by
the Planning Commission and recording of the plat.
5.11.2 Referral to the Governmental Agency Concerned
The Planning Commission shall refer any plat presented in accordance with these
subdivision regulations to the governmental agency concerned with acquisition of the
land. The Planning Commission may propose alternate areas for such acquisition and
shall allow the appropriate governmental agency thirty (30) days for reply.
Among the areas which the Planning Commission may propose for public acquisition,
when the commission deems it appropriate and consistent with the policies and purposes
set forth in these regulations, is any land within a floodway or floodway fringe
determined according to the procedure outlined herein.
The acquiring agency's recommendation, if affirmative, shall include a map showing the
boundaries and area of the parcel to be acquired and an estimate of the time required to
complete the acquisition.
5.11.3 Notice to Property Owner
Upon receipt of an affirmative report, the Planning Commission shall notify the property
to be acquired by any governmental agency. Upon such designation by the Planning
Commission, any reserved portion of any floodway or floodway fringe shall not be
altered from its natural state by the development in any manner whatsoever, except upon
written approval of the Planning Commission.
5.11.4 Duration of Land Reservation
The acquisition of land reserved by a governmental agency on the final plat shall be
initiated within twenty-four (24) months of notification, in writing, from the owner that
he intends to develop the land. Such letter of intent shall be accompanied by a plat of a
proposed development and a tentative schedule of construction. Failure on the part of the
governmental agency to initiate acquisition within the prescribed twenty four (24) months
shall result in the removal of the "reserved" designation from the property involved and
the freeing of the property for development in accordance with these regulations.
5.12 Preservation of Natural Features and Amenities
Existing features which would add value to residential development or to the area as a
whole, such as trees, watercourses and falls, historic spots, and similar irreplaceable
assets, shall be preserved in the design of the subdivision, as required by the Planning
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Commission. No change of grade of the land shall be affected nor shall any natural
features be removed or relocated until a preliminary subdivision plat has been approved
by the Planning Commission.
On all preliminary and final plats, where a creek is located on any lot or portion of a lot
within a proposed subdivision, the developer shall dedicate Water Quality Buffer Zone
easements with a minimum width equal to twice the creek width, as measured from topof-bank to top-of-bank. Such Water Quality Buffer Zones shall be in accordance with the
City’s Storm Water Department MS4 Program requirements for floodways, public
utilities, and riparian protection within which no use may be made or allowed of the area
by the property owner that will cause change or damage to the creek or its banks and
within which public authority may repair and restore damage to creeks and their banks.
The Water Quality Buffer Zones are designated as not to disturb the natural vegetation
and tree canopies of the creeks and water courses in order to preserve water quality of
runoff and to prevent unwarranted sedimentation and pollutants entering the waters of the
state.
For the purpose of this section, the natural edge of any creek shall be determined by the
City Engineer or the Storm Water Department Coordinator. Easements and Water
Quality Buffer Zones shall be indicated on all plats.
5.13 Nonresidential Subdivisions
5.13.1 General
If a proposed subdivision includes land which is zoned for a commercial or industrial
purpose, the layout of the subdivision with respect to such land shall make such
provisions as the Planning Commission requires in accordance with submittal
requirements as outlined in the zoning ordinance. A nonresidential subdivision shall
submit a sketch plan followed by a site plan to be approved by the Planning Commission.
A nonresidential subdivision shall be subject to all the requirements of these regulations
including construction of all infrastructures whether public or private.
5.13.2 Standards
In addition to the principles and standards in the regulations, which are appropriate to the
planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the
Planning Commission that the public way, parcel, and block pattern proposed is
specifically adapted to the uses anticipated and takes into account other uses in the
vicinity. The following principles and standards shall, be observed:
1.
proposed industrial parcels shall be suitable in areas and dimensions to the
types of nonresidential development anticipated;
58
2.
public and private way right-of-ways and pavements shall be adequate to
accommodate the type and volume of traffic anticipated;
3.
special requirements may be imposed by the governing body with respect to
any public and private way, curb, gutter, and sidewalk design and
construction specifications;
4.
special non-listed requirements may be imposed by the governing body with
respect to the installation of public and private utilities, including water,
sewer, and stormwater drainage;
5.
every effort shall be made to protect adjacent residential areas from potential
nuisance from the proposed nonresidential subdivision, including the
provision of extra depth in parcels backing on existing or potential residential
development and provisions for permanently landscaped buffer strips, when
necessary; to protect the character of residential areas and conserve property
values; and
6.
public ways carrying nonresidential traffic, especially trucks, normally shall
not be extended to the boundaries of adjacent existing or potential residential
areas.
5.14 Street Signs, Subdivision Signs, and Street Light
5.14.1 Street Signs
Street signs designating the name of streets in the subdivision shall be required in all
subdivisions. Street signs designating the name of streets shall be placed at each
intersection within the subdivision indicating the names of the streets at the points of
intersection. Street signs shall be attached to designated street sign posts and not to
traffic control sign posts such as stop signs or speed limit signs. The street signs shall
be constructed and be of the same size as street signs currently placed and in use by
the City of Spring Hill or such design as may be approved by the Planning
Commission. Street signs, traffic control signs and pavement markings shall meet the
current standards as listed in the Manual on Uniform Traffic Control Devices
(MUTCD) in size, lettering size, and night time visibility (retro-reflectivity).
Where in the opinion of the Planning Commission, it is desirable to provide for street
access to adjoining property, proposed streets shall be extended by dedication to the
boundary of such property. Stub streets shall be provided with a temporary turn
around easement and the turn-around constructed of the same standards as roadways
with base stone, asphalt binder layer, concrete curbing, and asphalt topping layer.
All turn-arounds shall be paved and maintained by the developer until the permanent
road connection is made. A turn-around is required where two or more lots, as
measured along the roadway frontage, are to be accessed by the roadway stubout.
59
A sign shall be placed at the end of the turn-around or stub street stating- ‘STREET
TO BE EXTENDED BY THE AUTHORITY OF THE CITY OF SPRING
HILL’. The sign shall be similar in size to a speed limit sign with a white background
and black lettering.
5.14.2 Subdivision Sign
For all major subdivisions, at least one (1) identification sign shall be required at a
main entrance to the subdivision. The location and size of all identification signs, in
regard to main subdivision entrances, shall be shown on the preliminary and final
plats approved by the Planning Commission. Such signs shall be located at the
primary entrance(s) to the subdivision or at the beginning of the street upon which the
subdivision connects directly to an arterial or collector street. Signs for such
developments shall not exceed one hundred sixty (160) square feet of face divided
among not more than four (4) sign faces. No single sign face shall exceed eighty (80)
square feet.
Temporary signs, announcing the subdivision of land, shall not exceed forty (40)
square feet and may be erected until the permanent sign is installed.
5.14.3 Street Light
Street lights shall be required in all subdivisions. Street lights shall be located at all
intersections and no more than five hundred (500) feet apart along all other street
lines; however, the Planning Commission may require a closer spacing where
physical conditions or types of structures so warrant.
Street lights shall be of standard COBRA HEAD, 400 WATT MERCURY VAPOR
DESIGN, mounted on wooden poles with six (6) to twelve (12) foot arms installed at
locations to be determined by the preceding description.
In cases where the developer elects to install decorative poles and/or lighting not
mounted on standard wooden poles, as provided by the electrical utility, nor metal
poles considered standard by the City, the Developer shall be responsible for the cost
of such poles and lights. The Homeowners Association shall be responsible for the
maintenance of such decorative poles and lights, upon acceptance of the public
improvements by the City.
Any non-standard alternative fixture must provide the same intensity and lighting
radius as street lights provided by the City. After all approved installations, the
Developer shall give title of ownership of the system to the City. The applicable
electric system shall exclusively maintain the system for the City and billing for the
maintenance shall be at cost, when performed and energy shall be flat-billed to avoid
metering.
60
All street lights are to be installed prior to the final subdivision plat being signed by
the Planning Commission officer specified in these Regulations. The installation of
street lights shall be completed within the same time frame, as well as meeting the
same satisfaction requirement, as the completion of all other improvements outlined
in Section IV of these Regulations. The street lights shall be operational upon the
issuance of the first certificate of occupancy in each subdivision phase.
5.15 Headwall and Mailbox Construction
The developer shall impose by subdivision restrictions and by plat notations, a
requirement that all headwalls in or near public road rights-of-way shall comply with
Tennessee Department of Transportation requirements. The construction specifications of
headwall details for driveway and storm drainage culverts are included in these
regulations and are adopted as a part thereof. These specifications shall be the minimum
standards for any subdivision within the jurisdictional area. In addition to all other general
requirements, all mail receptacles shall comply with regulations established by the United
States Postal Service.
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GENERAL DESIGN STANDARDS FOR PUBLIC AND PRIVATE WAYS
MINIMUM RIGHT OF WAY WIDTH (IN FEET)
RESIDENTIAL
PUBLIC WAY
MINOR/LOCAL
(Urban and Rural)
COLLECTOR
Urban 2 lane (with bike lane)
Urban 2 lane (without bike
lane)
Rural 2 lane
50
50
60 (or) extruded curb applies only to minor
residential roadways
60
Urban 3 lane
Urban with median
ARTERIAL
Urban
Rural
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
70
70 (or) extruded curb applies only to minor
residential roadways
80
80 (or) extruded curb applies only to minor
residential roadways
MAXIMUM PERCENTAGE GRADE
Minor/Local
(Urban and Rural)
COLLECTOR
ARTERIAL
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
Ditch Section/Curb &
Gutter/Extruded
Curbs
Ditch Section/Curb & Gutter
10
6
7
6
6
5
62
MINIMUM CENTER LINE RADIUS OF CURVE
(IN FEET)
-------Applies where a deflection angle of 15 degrees or more in the alignment
of pavement occurs
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
Ditch Section/Curb &
Gutter/Extruded Curbs
Ditch Section/Curb & Gutter
Minor/Local
(Urban and Rural)
100
200
COLLECTOR
200
200
ARTERIAL
500
500
MINIMUM SIGHT DISTANCE (IN FEET)
---------The sight distance is measured from a point 4.5 (four and a half) feet above the center line of the
roadway surface to a point 4 inches above the center line of the roadway surface.
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
MINOR/LOCAL
200
250
COLLECTOR
240
250
ARTERIAL
300
400
Across Corners 75 feet back
Intersection
MINIMUM TURNAROUND ON CUL-DE-SACS
ON MINOR/LOCAL WAYS (IN FEET)
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
Right of Way Diameter
100
160
Pavement Diameter
80
140
63
LENGTH OF CUL-DE-SAC
RESIDENTIAL
PUBLIC WAY
Permanent
Pavement Diameter
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
Serving no more than 14 dwelling units, and not exceeding 700
feet in length
Serving no more than 26 dwelling units and not exceeding
1,000 feet in length.
Minimum Width of Roadway or Paved Area (in feet)
Not Including Parking Requirements
MINOR/LOCAL
(Urban and Rural)
COLLECTOR
Urban 2 lane (with bike lane)
Urban 2 lane (without bike
lane)
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
Ditch Section/Curb
& Gutter/Extruded
Curbs
Ditch Section/Curb & Gutter
22 (plus shoulders)
24 (plus shoulders)
34
26
Rural 2 lane
26 (plus bike lanes)
Urban 3 lane
36
Urban with median
40
As determined by appropriate
governmental representative
ARTERIAL
Urban
Rural
36
36 (plus bike lanes)
As determined by appropriate
governmental representative
Pavement Crown
The paved surface shall slope downward from the centerline of the street outward to the edge
of the paved surface on each side 2/5ths of an inch per foot.
64
MINIMUM RADIUS OF RETURN AT INTERSECTIONS (IN FEET)
RESIDENTIAL
PUBLIC WAY
NON-RESIDENTIAL
PUBLIC AND PRIVATE WAY
At Right-of-Way
25
30
At Pavement (Collector Road)
30
50
At Pavement (Minor Road)
25
50
MINIMUM LENGTH OF VERTICAL CURVES
RESIDENTIAL PUBLIC
WAY
MINOR/LOCAL
COLLECTOR
ARTERIAL
NON-RESIDENTIAL
PUBLIC AND PRIVATE
WAY
100 feet, but not less than 20 feet for each algebraic
difference in grade
300 feet, but not less than 50 feet for each algebraic
difference in grade
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SECTION VI
SPECIFICATIONS FOR DOCUMENTS TO BE SUBMITTED
6.1 General
6.1.1 Construction Plans
Construction plans shall be prepared and submitted with the Preliminary Plat. The
Construction Plans shall contain detailed drawings, notes, and calculations of all
improvements required by these regulations. Plans shall be drawn at a scale of no more
than fifty (50) feet to an inch. Plans shall be in compliance with the specifications in
Section V, of these regulations. Approval of plans must precede actual construction, and
no final plat shall be considered by the Planning Commission until the required plans
have been approved. The construction plans shall be prepared and stamped by a licensed
engineer engaged in the practice of civil engineering.
6.1.2 Plat Certificates
1.
Certification showing that the applicant is the landowner; that he offers for
dedication public ways, rights-of-way, and any site for public use; and that he
consents to the subdivision plan.
2.
Certification by a registered land surveyor as to the accuracy of the land survey.
3.
Certification on the final plat by appropriate governmental representative that the
subdivider has complied with one of the following:
1.
installation of all public way improvements in accordance with the
requirements of these regulations; or
2.
in lieu of compliance with subdivision improvement requirements,
certification that surety has been posted by the subdivider in an
amount approved by appropriate governmental representative to
guarantee completion of all improvements.
4.
Certification by appropriate governmental or quasi- governmental official(s)
that sewage disposal and/or water system(s) has/have been installed.
5.
For a subdivision containing common open space or facilities, certification on
the final plat of dedication of common areas in accordance with procedures
established in these regulations.
66
6.
Certification on the final plat of Planning Commission approval for recording of
the plat.
7.
Notation of Possible Flooding -- If any portion of the land being subdivided is
subject to flooding as defined in these regulations, a notation shall be made on
the plat that development or modification of the land within any floodway
delineated within plat is prohibited and that development within floodway
fringes delineated on the plat shall be done in such a manner that any structure
shall be protected against flood damage to at least the regulatory flood
protection elevation, which elevation shall be stated in the notation. Any
additional restrictions imposed by the Planning Commission upon development
within flood prone areas also shall be indicated on the plat.
If no portion of the land is affected by flooding as defined in these regulations, a
note that effect shall be provided on the plat with a reference to the appropriate
FIRM map.
8.
Notation of Health Restrictions -- Any modifications or limitations which may
be imposed by the state or county health department shall be clearly indicated
on the plat.
9.
Notation of Private Restrictions -- Private restrictions and trusteeships and their
periods of existence shall be indicated on the plat. Should these restrictions or
trusteeships be of such length as to make their lettering impracticable and thus
necessitate the preparation of a separate instrument, reference to such
instrument shall be made on the plat or, if the restrictions and trusteeships are of
record, the plat shall note where they are recorded.
6.1.3 Form of Dedication Offer
The form of the offer of irrevocable dedication, required by these regulations, shall be as
reproduced in this section and approved by the city attorney. The form may be modified
as required by the city attorney. Copies of this form may be obtained at the office of the
enforcing officer.
67
City of Spring Hill Plat Certificates
CERTIFICATE OF OWNERSHIP AND DEDICATION
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described here on
as evidenced in Book Number
, Page
, County Registers Office, and that I
(we) hereby adopt this plan of subdivision with my (our) free consent, establish the minimum
building restriction lines, and that offers of irrevocable dedication for all public ways, utilities,
and other facilities have been filed.
20
Date
Owner
Title (if acting for partnership or corporation)
CERTIFICATE OF SURVEY ACCURACY
I (we) hereby certify that to the best of my (our) knowledge and belief this is a true and accurate
survey of the property shown here on; that this is a Class "
“ Land Survey as defined in
TCA Title 62, Chapter 18 and that the ratio of precision is greater than or equal to :
20
Date
Registered Land Surveyor - Number
CERTIFICATE OF APPROVAL OF WATER SYSTEM
I hereby certify that the water system(s) outlined or indicated on the final subdivision plat
entitled
___________________has/have been installed in accordance with current local and state
government requirements, or a sufficient bond or other surety has been filed to guarantee said
installation.
, 20
Date
Name, Title and Agency or Authorized
Approving Agent
68
CERTIFICATE OF APPROVAL OF SEWER SYSTEMS
I hereby certify that the sewer systems outlined or indicated on the final subdivision plat entitled
have been installed in
accordance with current local and state government requirements or a sufficient bond or cash has
been filed which will guarantee said installation.
Sewer System
,20
Date
Name, Title, and Agency of
Authorized Approving Agent
CERTIFICATE OF APPROVAL
PRIVATE SUBSURFACE SEWAGE DISPOSAL
General approval is hereby granted for lots proposed hereon as being suitable for subsurface
sewage disposal with the listed and/or attached restrictions.
Before the initiation of construction, the location of the house or other structures and plans for
the subsurface sewage disposal system shall be approved by the local health authority.
, 20
Date
Local Health Authority
CERTIFICATE OF APPROVAL
OF PUBLIC WAYS FOR BOND POSTING
I hereby certify: (1) that all designated public ways on this final subdivision plat have been
installed in an acceptable manner and according to the specifications of the
Subdivision Regulations, or (2) that a performance bond or other surety has been posted
with the Planning Commission to guarantee completion of all required improvements in case of
default.
_____________________________20
Date
Appropriate Governmental Representative
69
CERTIFICATION OF COMMON AREAS DEDICATION
_______________________in recording this plat has designated certain areas of land shown
here on as common areas intended for use by the homeowners within for recreation
__________________________(Name of Subdivision) and related activities. The above
described areas are not dedicated for use by the general public, but are dedicated to the common
use of the homeowners within the named subdivision.
"Declaration of Covenants and Restrictions," applicable to the above named subdivision, is
hereby incorporated and made a part of this plat.
_____________________________, 20
Date
Owner
CERTIFICATE OF APPROVAL FOR SUBDIVISION NAMES AND STREET NAMES
I hereby certify that the subdivision name and street names are approved by the
____________ County Emergency Communications.
_________________________20
Date
County Emergency Communications
CERTIFICATE OF APPROVAL FOR RECORDING
I hereby certify that the subdivision plat shown hereon has been found to comply with the
Subdivision Regulations, with the exception of such variances, if any, as are noted
in the minutes of the Planning Commission, and that it has been approved for recording in the
Office of the County Register.
_________________________20
Date
Secretary, Planning Commission
70
FORM FOR OFFER OF
IRREVOCABLE DEDICATION
AGREEMENT made this
day of
20
, by and between the City of Spring Hill
a municipal corporation, having its office and place of business at 199 Town Center Parkway, Spring Hill,
Tennessee,
hereinafter
designated
as
the
"City"
and
______________________________________________, a _________________________, having its
office and place of business at ___________________________________ hereinafter designated as the
“developer”.
WHEREAS, the Spring Hill Planning Commission is in the process of approving a subdivision plat
entitled
dated __________ and prepared by
and
WHEREAS,
said
plat
designates
certain
public
improvements
consisting
of____________________________________________
to be dedicated to the City of
Spring Hill free and clear of all encumbrances and liens, pursuant to the requirements of the Spring Hill
Planning Commission and the City; and
WHEREAS, the Developer, simultaneously herewith, shall post a performance surety with the City for
the construction, maintenance, and dedication of said improvements, if required;
WHEREAS, the Developer is desirous of offering for dedication the said improvements and land to the
City more particularly described in Schedule
attached hereto;
WHEREAS, the Developer has delivered Documents or Deeds of conveyance to the city for the said land
and improvements as described herein;
NOW, THEREFORE, in consideration of the sum of one dollar ($1.00) lawful money of the United
States paid by the City to the Developer and other good and valuable consideration, it is mutually
AGREED as follows:
1.
The Developer herewith delivers to the City Documents or Deeds of conveyance for the
premises described in Schedule attached hereto, said delivery being a formal offer of
dedication to the City until the acceptance or rejection of such offer of dedication by the
City.
2.
The Developer agrees that said formal offer of Dedication is irrevocable and can be
accepted by the City at any time.
3.
The Developer agrees to complete the construction and maintenance of the land and
improvements pursuant to the performance surety and the requirements of the Spring Hill
Planning Commission and any ordinances, regulations, requirements, covenants, and
agreements that may be imposed by the City with respect thereto and, upon acceptance
by the City of the offer of dedication, furnish to the City a sworn statement certifying that
the premises are free and clear of all liens and encumbrances and shall furnish to the City
a check for all necessary fees and taxes to record the Documents heretofore delivered.
4.
That this irrevocable offer of dedication shall run with land and shall be binding on all
assigns, guarantees, successors, or heirs of the Developer.
71
5.
The City by action of the Board of Mayor and Aldermen on the ____ day of _________,
20___, accepted the infrastructure as presented in the offer of dedication and directed the
governmental representative to sign the offer of dedication on behalf of the City
Developer Company Name:
___________________________________
20
Date
Developer Signature
(CORPORATE SEAL)
ATTEST:
FOR THE CITY OF SPRING HILL:
BY:
Signature
__________________________20
Printed Name
72
ACKNOWLEDGEMENT:
COPARTNERSHIP
STATE OF TENNESSEE
(COUNTY OF
)
SS:
On this ___day ___________ of 20____, before me personally appeared ___________________, to me
known to be one of the firm
, described in and who executed the foregoing
instrument, and he thereupon acknowledged to me that he executed such instrument as and for the act and
deed of said firm.
CORPORATE
STATE OF TENNESSEE
(COUNTY OF
)
SS:
On this
day of _______________ 20_ , before me personally appeared ______
, to me known, who, being by me first duly sworn, did depose and say that he resides in
; that he is the
of
the corporate seal affixed to said
instrument is such corporate seal; that it was so affixed by order and authority of the Board of Directors of
said corporation, and that he signed his name thereto by like order and authority.
INDIVIDUAL
73
APPENDICES
A - 74
APPENDIX C: WATER LETTER FOR SUBDIVISIONS
Chairman
City of Spring Hill Municipal Planning Commission
199 Town Center Parkway
Spring Hill, TN 37174
RE: Water service for __________________________________________________________
(Subdivision, Location, Number Lots)
Dear Mr. Chairman:
Upon submission of the above-noted preliminary plan to us by the developer, we have
investigated our ability to provide water for this development.
After consultation with our engineer, ________________________________________ , and
considering the location and elevation of all the proposed residential building sites on the
submitted plan, the ______________________________________ Utility District can and will
furnish potable water at an adequate pressure and volume to serve this development.
By adequate service, it is understood that all proposed sites will have a minimum residual
pressure of 20 p.s.i. at the water meter and of such volume that normal household demands will
be met without significant pressure reduction and that at every fireplug there will be available a
minimum volume of 250 gallons per minute with a residual pressure of 20 p.s.i. unless an
unexpected emergency or an unforeseen circumstance arises, in which event the district does not
guarantee any specific volume or pressure at any time or place.
Furthermore, our source of water is ____________________________ which has a minimum
daily capacity of _____________________________ gallons per day. Our source is capable to
and we will serve the required quantity of water for existing use, presently committee to taps and
this project.
The water plans for the above mentioned development were reviewed and approved as reflected
in the _______________________ minutes of the ____________________________ Utility
District.
Commissioner__________________________
Commissioner__________________________
Commissioner__________________________
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APPENDIX D: LETTER OF CREDIT MINIMUM REQUIREMENTS
City of Spring Hill Municipal Planning Commission
IRREVOCABLE DOCUMENTARY/STANDBY LETTER OF CREDIT
The following components, at a minimum, shall be included in any letter of credit issued by any
financial institution on behalf of an applicant to the City of Spring Hill Planning Commission.
1.
2.
3.
4.
5.
6.
Date of Issue
Name and Address of Issuing Bank
Name and Address of Advising Bank, if any
Credit Number
Name and Address of Accountee
Name and Address of the Beneficiary – if the for Planning Commission the address is:
City of Spring Hill Municipal Planning Commission
199 Town Center Parkway
Spring Hill, TN 37174
7. Auto-renewal (Required)
8. Maximum Amount
9. Name of the Development and specific section or phase, if any, for which the letter of
credit is issued.
10. Description of the type of improvement the letter of credit is securing, for example:
Roads, Drainage and Erosion Control, Landscaping; Off-Site Road Improvements; etc.
11. Certification statement:
We hereby issued this documentary letter of credit in your (the beneficiary’s)
favor for which is available against your drafts at ____________ accompanied by
the following document: A certificate of default signed by the Secretary or other
official of the City of Spring Hill Municipal Planning Commission certifying that
the accountee has not complied with the terms of the agreement between the
Planning Commission and the accountee and the amount of approximate damage
to the local government, which amount shall be identical to the face amount of the
accompanying draft.
12. Location/Address of branch of Bank where draft may be presented, which shall be within
a fifty (50) mile radius of Spring Hill, Tennessee, unless otherwise approved by the
Board of Mayor and Aldermen..
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APPENDIX E: PERMIT BOND
CITY OF SPRING HILLMUNICIPAL PLANNING COMMISSION
Building and Codes Department
199 Town Center Parkway
Spring Hill, TN 37174
PERMIT BOND NO.________
KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE UNDERSIGNED,
______________________________________________________________________________
(Name must be exactly the same as state license if applicable)
Principal, of address _______________________________ and surety provider, of address
____________________________, a surety organized under the laws of the State of
______________________ and authorized to do business in the state of TENNESSEE and
otherwise qualified in accordance with bond and surety requirements established in the City of
Spring Hill Subdivision Regulations, Section IV, are held and firmly bound unto CITY OF
SPRING HILLMUNICIPALPLANNING COMMISSION (CITY) as Obligee, for the benefit of
the city, and for the benefit of the owner of property on which work is performed by the
Principal pursuant to a permit (or permits) issued under this bond, in the full penal sum of ($
) lawful money of the United States of America. We bind ourselves, our heirs, executors,
administrators, successors and assigns; jointly and severally, firmly by these presents.
WHEREAS, the above bonded Principal has applied to the City to be permitted to build pursuant
to City of Spring Hill Zoning Ordinance and Subdivision Regulations.
NOW, THEREFORE, this obligation is to secure the following: that the Principal shall in all
respects comply with and conform to all laws and ordinances of the City, relating to building,
plumbing, electrical, gas/mechanical, housing, and zoning; that this obligation shall further bind
the Principal and Surety for any damage to property of the City resulting from contracts of the
Principal, such as but not limited to streets, roads, curbs, headwalls, gutters, water and sewer
lines, sidewalks, alleys, traffic signs and signals, and for the costs of repairs incurred by property
owners resulting from the failure of the Principal to comply with and conform to the above
mentioned laws and ordinances of the City, and for on-lot landscaping required by the City.
The term of this bond is continuous, however, the Surety shall have the right to cancel this bond
at any time by a written notice stating when the cancellation shall take effect, and served upon or
A - 77
Page 2
sent by certified mail to the Director of the Department of Codes Administration of the City at
least thirty (30) days prior to the effective date of the cancellation. Regardless of the number of
years this bond may remain in force, the liability of the Surety shall not be cumulative, and the
aggregate liability of the Surety for any and all claims, suits or action under this bond shall not
exceed the sum of ($
).
No right of action shall accrue by reason of this Bond, to or for the use or benefit of anyone
whatsoever other than the Obligee named herein.
________________________ Principal
___________________ Surety
By ________________________
___________________ Attorney-in-fact
Address ________________________
___________________ Agent’s Phone
Affix Seal and
Attach Agent's Power of Attorney
Phone ________________________
Fax Number ________________________
BOND REQUIREMENTS
1-5 Houses: $10,000.00
6 or More Houses: $30,000.00
Effective date of bond _______________________________
A - 78
APPENDIX F: GENERAL PROCEDURE
1. AFTER APPROVAL OF THE PRELIMINARY PLAN
The Developer will be given one (1) copy of these regulations and the following steps will be
followed for an expedient review and approval of the water and sewer construction plans.
1. The Developer will submit to the City water and sewer construction plans for the
section or sub-section of work to be accomplished.
2. The plans will be submitted with all pertinent supportive data and expedite a quick
review by City staff. Such supportive data will include, but not be limited to, hydraulic
calculations.
3. The data to be included and shown on the plans is noted in Section III.
4. Upon review and approval of the road and drainage plans by the City staff, seven (7)
sets of each (water and sewer plans separately) will be stamped, signed, dated and issued.
5. The distribution of the state approved stamped water and sewer plans will be as
follows:
City 4 sets
Developer- 2 sets
6. No final plats will be heard for approval by the Planning Commission until an
approved set of construction plans have been obtained by the developer for the section
being readied for recording.
7. Bonding- Initial bond for performance period will be two (2) years from date of bond
issuance. Extension will be at the discretion of the Planning Commission and only for
extenuating circumstances beyond the control of the Developer.
8. Asphalt topping mix shall be in place for a minimum of one year before going on a
Maintenance Bond.
9. If developer completes improvements before Final Plat approval, Maintenance Bond
period shall be a minimum of one (1) year, reviewed annually.
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APPENDIX G: ROAD CLASSIFICATION - BY USE
1.
CLASSFICATION
For the purpose of these regulations, roads shall be classified as follows:
1. RESIDENTIAL
Typical road in a residential subdivision designed to serve light passenger car
traffic.
2. COLLECTOR
Located in a residential or an industrial and commercial subdivision. Serves as an
artery which connects minor subdivision roads with a thoroughfare, or another
collector road.
3. COMMERCIAL AND INDUSTRIAL ROAD
Road which serves a commercial and industrial development. This class of road is
designed to carry a predominance of truck traffic.
2.
TYPICAL SECTIONS
Supplementing these regulations are the attached typical roadway sections. It is noted that for
each roadway classification, an optional cross-section with curbs is shown in addition to the
conventional cross-section with shoulders and swale-type drainage.
Outlined are the minimum dimensions for each class and type of roadway cross-section.
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APPENDIX H: ROADWAY CONSTRUCTION PLAN REQUIREMENTS
FOR NEW DEVELOPMENTS IN CITY OF SPRING HILL
The construction plans shall be submitted to the City of Spring Hill as a bound set and shall
consist of a Title Sheet, Detail Sheets, a Traffic Plan, a Grading and Drainage Plan, Plan and
Profile Sheets, and any other information required for proper review of the proposed
construction.
1. TITLE AND COVER SHEET SHALL INCLUDE:
1. Name of Development
2. Name and Address of Developer/s
3. Name and Address of Engineer of Surveyor
4. Professional Engineer’s or Surveyor’s Stamp and Signature
5. Location Map
2. DETAIL SHEETS SHALL INCLUDE:
1. Headwalls
2. Bridges
3. Typical Road Sections
4. Typical Ditch Sections
5. Cross Drain Details
6. Any other structures or constructions requirements of special detail.
3. TRAFFIC PLAN SHALL INCLUDE:
1. A layout of the road sat a scale no less than 1” = 100’.
2. The width of all proposed and existing rights-of-way and pavements.
3. The proposed location of all traffic signs, warning signs, and regulation signs required.
4. GRADING AND DRAINAGE PLANS TO INCLUDE:
1. A complete plan of the proposed development of scale no less than one inch (1”)
equals one hundred (100) feet. This plan is to include complete contours of interval no
greater than five (5) feet. U.S.G.S. 1929 Datum is to be used exclusively. A north arrow
will be shown on the plan. The source and date of the contour should be noted.
2. All proposed roads and lot patterns, with roadway stations shown on the road plans.
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3. A detailed typical section indicating type of road construction proposed.
4. All drainage structures, including inlets, catch basins, junction boxes, culverts, cross
drains, headwalls, and drainage ditches, shall be shown in size, type, and material. Details
of the structures shall be included with these plans. Ornamental entrances and structures
will be examined on an individual basis.
5. All proposed drainage ditches, channel changes, or improvements shall be shown with
typical section, slope, exact location, and length of change or improvements indicated.
6. Where ditch section is used, the stabilization of roadside ditches will be as required by
Section IV and shall be shown with length, grade location and type stabilization required.
7. All off road fill areas will be indicated as such, with the limits and elevation indicated
on each lot affected.
8. At least one permanent Bench Mark location will be indicated, within the
development, with the proper elevation and description of same.
9. Design of the storm drainage system shall be based on the following requirements:
1. Runoff shall be calculated in accordance with projected land use upstream and
downstream of drainage ways. Such projected land use will be obtained from the
City of Spring Hill Planning Commission.
2. The rational method shall be used in all drainage calculations.
3. In the computation of storm runoff, the coefficient of runoff should be noted on
the drainage plan.
4. The rainfall intensity used for storm drainage pipes shall be a twenty five (25)
year storm event frequency with box culverts and bridges utilizing a fifty (50)
year frequency return discharge, and investigated for a one hundred (100) year
discharge. Arterial and collector roadways will require box culvert and bridge
design to pass a one hundred (100) year event storm frequency without
overtopping. Elevations of these box culverts and bridges shall be set a minimum
of two (2) feet above the 100 year flood elevation.
10. Drainage Easements and Ditches- Easements shall be dedicated for all drainage
ditches. The entirety of each ditch including the side slopes shall be within the easement.
The ditch shall be fully stabilized in accordance with these regulations so that its location
and geometry will be permanent. Each easement shall be dedicated on the final plat of
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record and shall be dimensioned in such a fashion that it can be reproduced on the ground
with certainty. Any proposed ditch shall be constructed within the dedicated easement
and any existing ditch shall be located in the field and an easement of sufficient width
dedicated. The width and location of all easements shall meet the approval of the City of
Spring Hill Engineer.
5. PLAN AND PROFILE SHEETS
The plan-profile sheets submitted with the grading and drainage plans shall include the
following:
1. Detail plans for streets shall be plotted on Federal Aid plan and profile sheets to a scale
of not less than 1” = l00’ horizontal, and not less than 1” = 10" vertical. Mixing of scales
within a set of plans is discouraged.
2. The street plan section shall include the street plotted to the proper scale with
stationing shown; the stationing should match that shown on the profile section as nearly
as possible.
3. Profile section shall be plotted to the same scale as heretofore mentioned, and shall
include the proposed centerline finish grade profile, in addition to the existing centerline
profile.
4. Where curb type development is to be used, existing ground profiles at twenty-five
(25) feet left and right of centerline will be shown as to station and elevation.
5. All vertical control points on or pertaining to the proposed centerline profile such as
P.V.C., P.V.I., and P.V.T. points, all low points, and street intersections, shall be shown
as to station and elevation.
6. All percent grades and vertical curve data, both balanced and unbalanced, shall be
shown.
7. All drainage structures incidental to the street construction shall be shown giving the
stationing, skew and type. A detail of the type structures shall be included with these
plans.
8. Invert and top grade elevations on all catch basins and inlets shall be shown in addition
to flow line elevations, stations, and percent grades on all cross-drains and pipe between
inlets and catch basins.
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9. Drainage arrows shall be shown indicating the intended direction of flow throughout
the plan including all off road localized drainage.
10. Where ditch section is used, the stabilization required for the roadside ditches shall be
shown with both the length and type stabilization required.
11. Where special structures, such as box culverts, bridges, or junction boxes are
proposed in the development, detailed plans showing all dimensions, reinforcement,
spacing, sections, elevations, and other pertinent information necessary to complete said
detailed plans shall be submitted to the City of Spring Hill Engineer as part of the bound
set of construction plans.
6. REVIEW
Omission of any of the heretofore mentioned requirements for detailed plans shall deem these
plans as being incomplete and shall be returned to the Developer, or his Engineer, for completion
before review.
7. REVISION OF PLANS
Should, prior to, or during construction, necessary changes be anticipated that would constitute a
revision of the plans already approved by the City of Spring Hill, said plans shall be reviewed
with said changed shown, and resubmitted, in triplicate, along with a letter stating why such
changed are believed necessary. The City of Spring Hill shall have the right to re-review the
entire set of plans in the light of these requested changes.
8. CONSTRUCTION
The City Engineer will be notified by the developer two (2) days prior to the date that work on
the proposed development is to start. A Pre-Construction meeting will be scheduled with the City
departments and Contractor.
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APPENDIX I: SPECIFICATIONS FOR MATERIALS AND
CONSTRUCTION PROCEDURES
The general procedure for building the subdivision roads required in these regulations shall begin
with the clearing of the rights-of-way and then construction of the roadway by means of cut or
fill grading. After completion and approval of subgrade cut and fill grading, all utilities and
drainage structures shall be installed. After utilities have been installed then the final subgrade
shall be approved and roadway base stone shall then be installed. Pug mill mix base shall be
placed in maximum lifts of four (4) inches compacted to 98% density. The stone base shall be
brought to grade with the proper crown before compaction tests are taken. The dimensions and
compaction requirements of the typical section are minimums and shall be met or exceeded.
After the base has been approved by the City of Spring Hill the roadway shall then receive the
asphalt binder mix and curb and gutter/extruded curbing.
Roadway construction shall be in accordance with TDOT specifications and shall specifically
refer to the TENNESSEE DEPARTMENT OF TRANSPORTATION STANDARD
SPECIFICATION FOR ROAD AND BRIDGE CONSTRUCTION, March 1, 2006 edition and
any further amendments or additions. The State of Tennessee Department of Transportation
Division of Design and Structures STANDARD ROADWAY AND STRUCTURE DRAWINGS
with updates or revisions is hereby adopted as part of these regulations in addition to the
standards specified herein, with these standards to be used as directed or approved by the City of
Spring Hill or their authorized representative.
Curb Section: The stone base shall be primed with a bituminous prime coat in its entirety
prior to installation of the binder mix. The extruded curbs shall be laid directly on the
asphalt binder surface and allowed to cure. Earth shall be placed behind all curbs so that
within four (4) feet of the curb the ground slopes toward the roadway shall be swept from
the surface and the asphalt topping mix shall be laid from curb to curb. At the completion
of 80% of the development or the last paving season before the expiration of the
maintenance bond, the surface mix shall be applied.
1. DRAINAGE
The overall drainage of the road or network of roads will be coordinated with, and approved by,
the City of Spring Hill. Sizes and lengths of cross drains and driveway culverts, where required,
shall be determined to be consistent with the following minimum requirements: For driveway
culverts, a minimum diameter of eighteen (18) inches, and a minimum length of twenty (20) feet;
for cross drains, a minimum diameter of eighteen (18) inches.
All requested revisions to previously approved plans and engineered storm water infrastructures
shall be submitted to the City of Spring Hill Codes Director. The Codes Director will then
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transmit to the MS4 Department and City Engineer any other affected municipal department for
review and approval consideration prior to commencement of such revisions.
All catch basins, area drains, storm water manholes and junction boxes, etc. shall be constructed
of pre-cast concrete, no brick shall be allowed. All risers are also to be constructed of concrete,
either pre-cast or poured in place.
Reinforced concrete pipe shall conform to the minimum standards for Class III reinforced pipe
and shall be utilized under roadways and all paved areas whether public or private developments.
All RCP storm water pipes and structure joints and connections shall be grouted, with non-shrink
grout, and/or otherwise sealed both inside and out. Butylene gasket materials shall also be
utilized within pre-cast manholes and structures to further seal the joints and connections.
Concrete and HDPE storm piping connections shall be sealed with proper collar rings when
applicable and directed by the City of spring hill.
Dual wall polypropylene (PP) storm drainage pipe (18”- 60”) shall also be allowed for use within
paved areas (public and private) only if the installation requirements and backfill materials are
utilized as recommended by the manufacturer. Dual walled smooth interior PP pipe shall be in
accordance with AASHTO HB Section 30, T-341, R-16 and MP-21-11 along with ASTM C969,
C1103, D2321, D3212, F477, F1417, F2487, F2736, and F2881. Detectable warning tape shall
be utilized in the trench of the PP pipe when installed. A minimum cover of 2-feet is required on
all PP pipe. Six inches of pipe bedding of TDOT #67 stone shall be required for all PP pipe. A
minimum cover of two feet is required for all storm drainage pipe installation whether RCP or
PP pipe. Approved backfill soil material, free of any rock material greater than 2”, or total depth
backfill with TDOT No. 67 stone shall be allowed. Approved soil backfill shall be at maximum
lifts of 8” compacted to 98% density. Where in public or private roadways, if soil backfill is
utilized, an additional 2-year maintenance bond is required above the standard one year
maintenance bond to assure no settlement or pipe failures occur. Standard HDPE piping may be
utilized outside of paved areas as long as its installation is in accordance with the manufacturer’s
recommendations. Suitable bedding and soil, free of rocks, backfill will be required. Minimum
cover above HDPE piping shall be 2-feet.
Through lot drainage ditches shall be built to a grade that will provide positive drainage, and in
no case shall the slope of the ditch be less than 0.5 percent (a fall of 0.5 foot in 100 feet). The
design engineer should strive to achieve a minimum slope of 1% for all piping and drainage
ditches.
Drainage on individual residential and commercial lots within a larger development shall be
complimentary to those engineered for the larger development that they neighbor and also those
that they fall within. Storm water shall not be directed in such a manner that it flows outside of
the designated easements or rights-of-way during 25-year rainfall events. If excessive grades or
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elevation dictate, gutters and downspouts shall be directed in a manner to prevent storm water
drainage onto neighboring property at lower grade.
Cross drains and driveway pipes shall be built on straight line and grade, and shall be laid on a
firm base, but not on bedrock. Pipes shall be laid with the spigot end pointing in the direction of
the flow and with the ends fitted and matched to provide tight joints and a smooth uniform
invert. Headwall will be constructed at both ends of the cross drain and driveway pipes in
accordance with of these regulations.
All final grades and elevations are to be verified by the design engineer on all retention and
detention basins. Drainage easement alignments are also to be verified by the design engineer. A
written letter is required to be submitted by the design engineer to the verification of the
elevations and grades. Each basin shall have a permanent concrete benchmark for reference with
the location identified on the plan. As built plans with these grades and elevations are to be
submitted to Public Works to be maintained as permanent record prior to the acceptance under
maintenance bond’s and during final inspection.
All retention and detention basins shall be designated as common ground on the final plats for
subdivisions and other residential and commercial developments. All such storm water basins
shall be the responsibility of the Home Owners Association to maintain. Easements for adequate
access to accomplish maintenance and inspection shall be provided.
All underground storm water conveyances shall be inspected by the City to ensure proper
installation prior to acceptance by the City. DVD recording and inspection shall be performed by
the City of Spring Hill Storm Water Coordinator for verification.
All underground storm water conveyances that are found to be contaminated with sediment shall
be cleaned by Jet-Vac and all defects shall be repaired to the satisfaction of the City of Spring
Hill Storm Water Department at the developer’s expense. All final work shall be re-verified by
pipe camera inspection recorded on DVD by the City.
Upon completion of storm water infrastructure construction all property owners and Home
Owners Associations shall enter into a storm water maintenance agreement to maintain both
private easements and common ground containing retention and detention basins, swales and
other storm water structures. This agreement shall be permanently attached to the property deed
requiring new owners to adhere to the agreement.
Storm water easements shall not be blocked with fences, sheds, pools, trees, shrubs or any other
structures or items that may block proper drainage or that may affect storm water capacity and or
flow rates or otherwise inhibit access for maintenance or inspection of the easement.
2. STABILIZATION OF DITCHES
All drainage ditches shall be stabilized to prevent erosion as indicated in these
regulations. All open ditches shall be stabilized in accordance with the following
requirements:
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Size of Nearest Culvert
Upstream
18”
21”- 24”
30”- 36”
42”- 72”
Seed
Grades Less than 3.0%
Grades Less than 1.5%
Grades Less than 1.0%
--------------------
Sod
Grades 3-12%
Grades 1.5%-7.0%
Grades 1.0%-4.0%
Grades or less
Concrete Lined
Grades>12%
Grades >7.0%
Grades >4.0%
Grades >2.5%
Note: Where culverts empty into ditches with grades exceeding the grade of the culverts, the
minimum requirements set forth above may not be satisfactory. In this case, the treatment shall
be specified by the City of Spring Hill Engineer or his representative.
1. CONCRETE-LINING- Ditches that require lining with concrete shall be lined to a
height above the bottom of the ditch no less than one-half (1/2) the diameter of the
nearest culvert (upstream). However, in no case shall the lining extend less than one foot
above the bottom of the ditch.
Lined ditches shall be constructed of Class “B” concrete (3000 p.s.i. 28 day strength).
The lining shall be firmly bedded and securely attached to adjacent drainage structures.
Concrete mixture used will be such as to attain a smooth, monolithic, and reasonably
water tight lining, and be placed upon a firm subgrade which will be void of all
objectionable matter (grass, roots, etc.).
The finished lined ditch shall conform to designated lines and grades and shall add rather
than detract from the appearance of the roadway.
2. SODDING- Ditches that require sodding shall be sodded to the top of slope of the
ditch. The sod shall consist of a live, dense, well-rooted growth of permanent grasses,
free from Johnson grass, Nut grass, and other objectionable grasses, and suitable for the
soil in which it is to be placed. The sod shall be eight (8) inches wide, not less than
eighteen (18) inches long, and have at least three (3) inches in thickness of soil in its
roots. The sod shall be placed only when the soil is moist and favorable to growth. No
sodding shall be done between November 1st and April 1st unless otherwise directed by
the City of Spring Hill. The area to be sodded shall be constructed to the designated lines
and grade, and the surface loosened to a depth of not less than 3 inches with a rake or
other device. If necessary, it shall be sprinkled until saturated at least one inch in depth
and kept moist until the sod is placed thereon. It will not be required but it is
recommended that immediately before placing the sod, commercial fertilizer (6-12-12)
shall be uniformly applied at the rate of 18 pounds per 1,000 square feet. However, the
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City of Spring Hill will hold the Developer responsible for an acceptable stand of grass in
the ditches for stabilization.
The sod shall be placed on the prepared surface with the edges in close contact and shall
be pounded into place with wooden tamps, or other satisfactory equipment. On steep
slopes, pinning or pegging will be required to hold the sod in place.
3. SEEDING- The area to be seeded shall be constructed to the proper line and grade, and
the surface loosened to a depth of not less than 3 inches with a rake or other device. After
the top 3 inches of soil has been rendered loose, friable, and reasonably free from large
clods, rocks, large roots, or other undesirable matter, lime and fertilizer shall be carefully
worked into the soil in the following amounts:
Agricultural Limestone (85% Calcium Carbonate Equivalent, 85% through a l0-mesh
screen; 50% through a 40-mesh screen; 3 tons per acre, 140 pounds per 1,000-square
feet). Commercial Fertilizer shall be (6-12-12) at 1,300 pounds per acre (30 pounds per
1,000 square feet.)
Seeds shall be uniformly sown on the prepared seedbed in accordance with the following
schedule, and raked, dwelled or harrowed approximately one-quarter inch into the soil.
1. Seeding Mixtures (1) August 1 - October 15 (best time for sending).
Urban Areas
Rural Areas
% Total Lbs. /Acre
% Total Lbs. /Acre
Tall Fescue
70-80
70-80
Unhulled Bermuda Grass *
20
20
Creeping Red Fescue
5
5
White Dutch Clover
5
5
(2) October 15 - May 1
Tall Fescue
Unhulled unscarified
serices lespedeza
(March 1- May 1)
Creeping Red Fescue
White Dutch Clover
40
120
50
5
5
80
5
5
*Where Bermuda grass is objectionable, omit it and increase tall fescue to ninety (90%) percent.
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Mulched areas shall be mulched with one and one-half (1 ½) to two (2) tons per acre of small
grain straw of fescue, orchard grass or native grass hay of less than 20% moisture, so that 25 –
30 % of the ground is visible. The mulched area shall be watered if necessary to maintain a
reasonably moist condition until germination and continued growth is insured.
3. HEADWALL REQUIREMENTS
All headwalls for cross drains and driveway pipe shall be poured in place concrete (Class “A”,
4000 p.s.i. 28 days).
Concrete headwalls shall be not less than 12” inches thick for pipes 18 inches through 30 inches,
and shall be adequately reinforced for pipe larger than 30”.
Length of wingwalls and height of headwalls for all pipes shall be determined by the amount of
fill, the size of pipe, and the general conditions surrounding the pipe.
If decorative or ornamental headwalls are desired, approval of such structures shall be given by
the City of Spring Hill upon review and such headwalls should be shown in detail on the plan.
Headwalls for driveway pipe on each individual lot will be inspected and approved by the City of
Spring Hill or their authorized representative prior to or concurrently with the Building
Inspector’s inspection for issuance of an occupancy permit.
4. CURBS
Machine-laid (extruded) 8” height by 12” base curbs are permitted which meet the following
specifications:
1. CONCRETE- Concrete Strength (28 day)
3000 PSI
Maximum Slump
1-1/2 inch
Gradation of Aggregate (river gravel)
Sieve Size
Percent Passing
4
96-100
8
80-100
16
55-80
30
45-65
50
10-25
100
2-7
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2. ALIGNMENT - Curbs shall not vary from the specified alignment (on the plans) more
than 0.10 feet.
3. TYPICAL SECTION - Unless otherwise directed by the City Engineer, curbs shall
conform to the typical section shown within the regulations. Curbs shall be continuous
across driveways, and shall be recessed to provide entrance way of four (4) inch
thickness.
5.
CLEARING AND GRUBBING
Before grading is started, the entire street right-of-way including side slopes, shall be
cleared of all objectionable matter, such as trees, stumps, roots, weeds, heavy vegetation,
debris, etc.: disposal of this material will be in accordance with current Local, State, or
Federal regulations.
6.
PREPARATION OF SUBGRADE
1. Fill material shall be evenly and uniformly spread in layers not to exceed eight (8)
inches in thickness over the entire width and thickness of the embankment section. Each
layer shall be thoroughly rolled with an approved sheep’s foot or pneumatic tired roller.
If in the opinion of the City of Spring Hill the soil is too dry, water will be added by a
pressure distributor or other approved method. Soils which are too wet will be allowed to
dry before compaction and further filling is attempted.
2. Fills shall be compacted to ninety-five (98%) percent of the maximum dry density
according to standard proctor density (ASTM-D-698-70) material used. Density tests
shall be conducted by a local testing laboratory, approved by the City of Spring Hill and
licensed by the State of Tennessee, and shall be at the expense of the developer. Reports
shall be submitted directly to the City Engineer. A minimum of one density test per lift
for each five-hundred (500) feet of roadway will be required.
3. If rock is encountered it shall be removed to a depth of at least twelve (12) inches
below the subgrade of the road, and suitable backfill material will be used to build the cut
section up to proposed grade.
4. The finished subgrade shall provide for super elevation and crown of the roadway.
5. All roadways shall be constructed to subgrade prior to installation of any utilities to
located within the roadway.
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7. BASE AND PAVING
1. Typical Section
The type base and surface to be used shall be shown on the approved plans and shall not
vary from the typical roadway sections of these specifications. The placement of all base
and surface materials shall be at the expense of the developer. Test of the subgrade
required under these specifications, by a private testing laboratory, shall be submitted to
the City Engineer prior to placement of the base course.
2. Crushed Stone Pug Mill Mix to be Used in Roadway Base Construction
1. After the subgrade has been inspected and approved, by the City of Spring Hill or
their authorized representative, a base shall be constructed of the width and thickness
indicated in the roadway typical sections.
2. Description: Crushed stone base (Pug Mill Mix) shall consist of a base course
constructed with an approved mixture of crushed stone, water, and calcium chloride,
bonded by rolling and/or vibratory compaction; maintained under traffic; and in
conformity with the lines, grades, and cross sections as indicated on the plans,
3. Scope: These specifications cover the quality, gradation, and mixing of materials
composing Pug Mill Mix to be used in roadway base courses.
4. Materials: All materials used in this construction, in addition to the general
requirements of these specifications, unless otherwise stipulated, shall conform to the
technical specifications as set forth below and by TDOT standards. Standards which
conflict shall require adherence to the most restrictive standard of the two.
Aggregates for Mineral Aggregate Base and Surface Courses shall be crushed stone,
crushed slag, crushed or uncrushed gravel, or crushed or uncrushed chert, together with
such materials manufactured sand or other fine materials naturally contained, or added
thereto as needed to conform with these specifications.
1. The aggregate for mineral aggregate base and surface courses shall consist of
hard durable particles or fragments of stone, slag, gravel, or chert, and other
finely divided mineral matter. Individual materials shall meet the requirements
specified below:
2. Crushed stone shall be free of silt and clay. The coarse aggregate portion of the
stone shall have a percentage of wear of not more than fifty, and when
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subjected to five alternations of the sodium sulfate soundness test, the weighted
percentage of loss shall not exceed fifteen.
3. Crushed slag shall be free of silt and clay and shall meet the quality
requirements of crushed stone. It shall be reasonably uniform in density and
shall have a dry rotted weight of at least seventy pounds per cubic foot.
4. Crushed gravel and crushed chert shall be screened and all oversize material
shall be crushed and fed uniformly back over the screen. The coarse aggregate
portion (retained on the No. 4 sieve) shall have a percentage of wear of not
more than thirty (30). The portion of the material passing the No. forty (40)
sieve shall be non-plastic, or shall have a liquid limit of not more than twentyfive and a plasticity index of not more than six. If fine aggregate, coarse
aggregate or binder, in addition to that present in the base material, is necessary
in order to meet the gradation requirements, or for satisfactory bonding of the
material, it shall be uniformly blended with the base course material at the
mixing plant by a mechanical feeder to maintain a uniform flow on the belt to
the mixer. Blending of materials on the stockpiles or in the pits by bulldozer,
clamshell, dragline or similar equipment will not be permitted.
The composite gradation of this aggregate shall be as follows:
Total Per Cent by Weight, Passing Sieves
Grading
1 1/2”
1”
D
100
85-100
3/4”
3/8”
60-95
50-80
No.4
40-65
No.16
20-40
No.10
9-18
5. Calcium Chloride will be incorporated in the crushed stone aggregate base
material mixture at a rate of approximately 0.06 bag of Type two (2)
(concentrated) per ton of aggregate (based upon a bag weight of 80 pounds this
will be approximately 5 pounds of calcium chloride per ton of aggregate).
Calcium chloride used shall conform to the requirements of AASHOM-114.
6. Water shall be incorporated in the crushed stone aggregate base material
mixture during the mixing operation in the amount necessary to provide
moisture content satisfactory for compacting. Water used in the mixing process
shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetable
matter, or other substances injurious to the finished product. Water will be
tested in accordance with AASHO. Water known to be of potable quality may
be used without test. Where the source of water is relatively shallow, the intake
shall be so enclosed as to exclude silt, mud, grass, or other foreign materials.
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The mixture shall be deposited uniformly on the subgrade from spreader boxes in
a minimum of two layers. After each layer is deposited, it shall be smoothed to
grade and cross-section with a power grader and rolled.
The compacted dry weight per cubic foot of material in each layer shall not be
less than ninety-eight (98%) percent of that determined as an average of
maximum compaction for the material in use. The determination of the average
maximum compacted dry weight pounds per cubic foot shall be calculated by
multiplying the Specific Gravity of the mineral aggregate by fifty three (53). This
compacted density requirement shall apply regardless of the type of compaction
used. Testing shall be conducted by a State licensed testing laboratory, and test
results shall be submitted to the City Engineer for approval. The crown, width,
depth, and grade of the base stone shall be approved by the City Engineer prior to
testing for compaction.
3. PAVING SPECIFICATIONS AND PROCEDURES
The stone base, prepared as outlined herein, shall be sprinkled lightly with water to settle
any loose dust. A bituminous prime coat shall then be applied as specified below. After
the crushed stone base and bituminous prime coat has been inspected by the City or their
authorized representative, the base shall be primed and tacked (as necessary) and the
asphaltic concrete binder mix shall be placed as indicated on the roadway typical section
with the specifications as outlined below. After the binder mix has been inspected and
approved by the City of Spring Hill or their authorized representative, a tack coat with
specifications as stated below shall be applied and asphaltic concrete paving, surface mix
will be installed as indicated in the roadway typical sections with the Specifications
outlined below. Topping mix shall not be installed until 80% build-out is achieved.
The specifications for material and construction procedures for asphaltic concrete paving,
grading B Modified Mix shall be as specified in Section 307, as subsections and special
provisions pertaining thereto of the TENNESSEE DEPARTMENT OF
TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION March 1, 2006 edition and any further amendments or additions
(TDOT specs.). The specification for material and construction procedures for Prime
Coat shall be as specified in Section 402 and all subsections and special provisions
pertaining thereto of TDOT specs. The specification for material and construction
procedures for E Mix shall be as specified in Section 411, all subsections and special
provisions pertaining thereto of the TDOT SPECS. The specifications for the Tack Coat
between the 307 Binder Mix and the E Mix shall be as specified in Section 403 all
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subsection and special provisions pertaining thereto of the TDOT specs.
8. SIGNS
The developer shall furnish and install all roadway signs in accordance with the current
edition of the Manual on Uniform Traffic Control Devices (MUTCD). These shall
include signs for warning, regulation, the direction of traffic and the proper labeling of
streets.
1. Street name signs shall be placed at every intersection and shall contain reflective
silver on a green background engineering grade reflective sheeting. The name plate shall
be 0.80 – 0.100 aluminum. The name plate or plates as necessary shall be placed by use
of a properly fitting adapter on a 2½ inch round galvanized post or a two (2) pound per
foot painted U-Channel railroad steel post.
2. Traffic warning and regulation signs shall be placed as required at all appropriate
intersections or on the roadside in accordance with the Traffic Plan which shall be
submitted to the City of Spring Hill Engineer to be approved with the construction plans.
The size and placement of all traffic signs shall conform to the requirements of the
current edition of the MUTCD.
9. TESTING OF ROADWAY INFRASTRUCTURE
Testing shall be conducted by a State licensed testing laboratory, approved by the City of Spring
Hill, and shall be at the expense of the developer. This requirement shall be implemented when
the stability of the roadway subgrade or roadway base is not acceptable by the City of Spring
Hill’s proof rolling technique, of a fully loaded tandem dump truck, and prior to the asphalt
binder mix being installed. Should the City determine that the roadway subgrade, base, and/or
fill materials are unsuitable then the developer shall retain a state licensed geotechnical engineer
and testing laboratory to perform analysis of the soils to determine if they are suitable for such
use and also determine if the materials can reach the required compaction density for the said
uses.
Compaction and density testing shall be performed at intervals not to exceed 100-feet and shall
meet a compaction of 98% density for each tested location. Should the compaction not pass the
density testing requirements, then the developer shall remove the unsuitable materials and
rebuild the section of subgrade and base with approved suitable materials. Retesting of the
compaction will then take place on the new subgrade and roadway base materials. Reports
showing locations of testing and all test data shall be provided to the City Engineer, throughout
the duration of the roadway repairs and reconstruction. A detailed letter from a state licensed
geotechnical engineer attesting that all roadway improvements have been constructed in
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accordance with the specifications contained within the City of Spring Hill Subdivision
Regulations will be required prior to allowing the asphalt binder layer to be installed. The letter
shall contain the seal of the engineer, and be in report form, including all associated testing
results.
10. TESTING AND INSPECTION OF BACKFILL AT UTILITY AND STORM SEWER
TRENCHES
Backfill materials utilized for utilities located within the roadways, drives, paved areas, concrete
areas and parking lots shall be TDOT #67 stone for utility beddings and envelopes in accordance
with these regulations and the City of Spring Hill’s Water and Sewer Specifications. Backfill
material of such trenches shall be full trench depth of TDOT #67 stone with the upper most 12inches being pug mill mix (two 6-inch lifts) compacted to 98% density. The upper 12-inches of
compacted pug mill can be included within the requirements of the compacted roadway base
stone. Should the developer choose to backfill with approved compacted suitable soils, free of
organic root materials, grass, or other foreign materials, he shall install the soil in maximum
compacted lifts of 8-inches with the upper most 12-inches being compacted pug mill mix (two 6inch lifts). Should the City of Spring Hill determine the materials being utilized are unsuitable
then the developer shall have a certified geotechnical engineer and testing laboratory perform an
evaluation of the soils to determine if the soils are an approved roadway subgrade and trench fill
material along with compaction testing of the soils during each lift of the trench backfill. These
compaction tests shall be a minimum of 98% density. The developer shall be required to post a
maintenance bond for an additional two years, in addition to the standard one year maintenance
bond if soil backfill is utilized in place of full depth stone backfill. In either case the utilities shall
contain a 6-inch bedding and 12-inch envelope over and around the pipe prior to backfill with
soils materials. Test data shall be provided by a licensed Geotechnical Engineer prior to approval
of such roadway subgrade and base, and prior to installation of the asphalt binder layer.
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APPENDIX J: STORM WATER DRAINAGE CALCULATIONS
SUBMITTAL GUIDELINES AND REQUIREMENTS
1. Offsite Contributing Flows
1.
A copy of a contour map showing delineation of each off-site area in conjunction
with delineation of actual on-site proposed development.
2.
Calculations showing total off-site contributing flows (Q off-site ) based on a 25year storm event rainfall intensity. The following items are to be included in
calculating each off-site contributing flow:
1. Direct runoff coefficient (C) based on topographic features of the off-site
area.
2. Time of concentration (t c ) based on rainfall travel from the most remote
point in the basin to the subdivision or development. Show horizontal and
vertical distance traveled.
3. Rainfall. intensity (i) of a 25-year storm event based on the time of
concentration (t c )
4. Size of off-site area (A) in acres.
2. Onsite Contributing Flows (Post-Development)
1.
Contoured drainage plan with delineation of total on-site drainage area. Minibasins are also to be delineated, showing areas which contribute flow to each
storm drainage component.
2.
Calculations showing contributing flows from each mini-basin based on a 25-year
storm event rainfall intensity. The following items are to be included in
calculating each mini-basin flow (Q 1 , Q 2 , Q 3 , etc.):
1. Direct runoff coefficient (C) based on developed topographic features
2. Time of concentration (t c of each mini-basin based on rainfall travel within
the mini-basin, show horizontal and vertical travel distance traveled.
3. Rainfall intensity (i) of a 25-year storm event based on the time of
concentration (t c ).
4. Size of mini-basin area (A) in acres.
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3. Table of Storm Drainage Flows
A storm drainage flow table shall be submitted and shall include the following for each
storm drainage component.
1. Storm drainage pipe number (as shown on the drainage plan).
2. Contributing flows (Q 1 ) Q 2 , Q 3 , etc.) and any off-site flows which enter the
storm drainage pipe being considered.
3. Total flow (QT) as determined by the sum of the contributing flows.
4. Storm drainage pipe size (inches).
5. Storm drainage pipe slope (percent).
6. Manning's roughness factor (n) of the pipe.
7. Full Pipe capacity (cfs).
4. Onsite Flows (Pre-development
1.
A copy of a contour map showing delineation of on-site area prior to development
(same as Section A. 1. On-site delineation).
2.
Calculations showing total on-site flows (Q on site(predevelopment) ) prior to
development, based on a 25-year *storm event rainfall intensity. The following
items are to be included in calculating the on-site pre-development flow:
1. Direct runoff coefficient (C) based on pre-development topographic features
of the on-site area.
2. Time of concentration (t c ) based on rainfall travel from the most remote point
on-site to the on-site drainage outlet point. Show horizontal and vertical
distance traveled.
3. Rainfall intensity (i) of a 25-year storm event, based on the time of
concentration (t c ).
5. Detention Basin Volume
Detention basins are to be constructed in order to prevent impact of receiving waterways,
streams and wet weather drainage ditches due to upstream developments. The following
methodology shall be included within the detention basin volume calculations:
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1. Volume of the detention basin shall be sufficient to detain increased flows due to the
on-site development for a 25-year storm event duration. The detention basin shall also
be designed and sized to route a 100-year storm event. Volume shall be calculated as
follows:
Volume = (Q post-development - Q pre-development X t c
(seconds) )
Where:
Increased peak storm drainage flow of the proposed on-site development is the
difference between on-site pre-development flow and post-development flow.
Storm event duration is the period of time equivalent to the time of concentration
(t c ), of the entire drainage basin, in which the increased flows will be realized
during a 25-year storm event.
6. Detention Basin Discharge
The discharge structure shall be a “V”– notch weir or rectangular weir design as to allow
no more discharge from the detention basin than the total flows realized prior to
development for the 2,5,10 and 25-years rainfall events. The detention basin shall be
capable of discharging and routing the 100-year rainfall event and is calculated as
follows:
1. Pre-development flow = Q off-site(pre-development) + Q on-site
(pre-development)
The following items shall be included within the detention basin discharge calculations:
1. Pre-development flow calculations.
2. Discharge structure design and calculations.
3. Discharge pipe size and slope.
4. Manning's roughness factor (n) of the discharge pipe.
5. Discharge Full Pipe capacity (cfs).
7. Detention Basin Water Quality
In addition, the detention basin shall be designed as to allow the capture of the runoff
from the site for any first one-inch rainfall event volume which is preceded by 72-hours
of no measurable precipitation. The detention basin design shall allow for infiltration,
evapotranspiration, and reuse of the captured first one-inch of runoff volume rather than
releasing and discharging to surface waters. The design of the detention basin shall take
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into account this requirement in analysis of discharge structure elevations and soil types
utilized in the basin. Should adequate soils not be available in the area proposed for the
detention basin, to allow for the first one-inch volume to be infiltrated, than it is
recommended the basin’s bottom be engineered and constructed with proper soils, sands
and gravels as to allow meeting this requirement. The first one-inch volume must be
100% managed with no storm water runoff being discharged to surface waters. Projects
which do not meet the 100% reduction requirement of the first one-inch runoff volume
shall be required to remove a minimum of 80% of the Total Suspended Solids (TSS)
from the excess volume amount which cannot be reduced to achieve the full 100%
reduction goal. Example: If only 75% of the first one-inch volume is reduced by means of
infiltration or evapotranspiration, then the remaining 25% volume has to implement a
mechanical feature which will remove 80% of the TSS in that particular excess 25%
volume to be discharged. Projects that cannot meet 100% of the runoff reduction
requirements, the MS4 may allow runoff reduction measures to be mitigated at another
offsite location within the same USGS 12-digit hydrologic unit code (HUC) as the
original project, as to allow an offset effect of this requirement. The water quality feature
of the engineering design and construction of the detention basin shall be in accordance
with the City’s Storm Water MS4 Program requirements as issued through the National
Pollution Discharge Elimination System (NPDES) issued to Spring Hill by the Tennessee
Department of Environment and Conservation.
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