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THE MUNICIPAL ZONING ORDINANCE FOR THE …

THE MUNICIPAL ZONING ORDINANCE FOR THE. CITY OF ATHENS, tennessee . CHAPTER 1. INTRODUCTION. SECTION. AUTHORITY. TITLE. PURPOSE. ENACTMENT. AUTHORITY. An ORDINANCE , in pursuance of the authority granted in Sections 13-7-201 through 13-7-211. tennessee Code Annotated, to regulate the City of Athens, tennessee , and all property which lies inside of the corporate limits of said city, the location, height, and size of buildings and other structures; the percentage of lot which may be occupied; the sizes of yards, courts, and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes.

introduction - page 1-1 the municipal zoning ordinance for the city of athens, tennessee chapter 1 introduction section 1.01. authority 1.02.

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1 THE MUNICIPAL ZONING ORDINANCE FOR THE. CITY OF ATHENS, tennessee . CHAPTER 1. INTRODUCTION. SECTION. AUTHORITY. TITLE. PURPOSE. ENACTMENT. AUTHORITY. An ORDINANCE , in pursuance of the authority granted in Sections 13-7-201 through 13-7-211. tennessee Code Annotated, to regulate the City of Athens, tennessee , and all property which lies inside of the corporate limits of said city, the location, height, and size of buildings and other structures; the percentage of lot which may be occupied; the sizes of yards, courts, and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes.

2 TITLE. This ORDINANCE shall be known as The MUNICIPAL ZONING ORDINANCE for the City of Athens, tennessee , dated 1972. The ZONING map shall be referred to as the MUNICIPAL ZONING Map of Athens, tennessee , and all explanatory matter thereon are hereby adopted and made a part of this ORDINANCE , subject to amendment as provided for in Section of this ORDINANCE . PURPOSE. The ZONING regulations and districts as herein set forth have been made in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the City of Athens.

3 They have been designed to lessen congestion in the streets; to secure safety from fires, 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, waste water, schools, parks, and other public requirements. They have been made with reasonable consideration among other things as to the character of each district and its peculiar uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land within the City of Athens.

4 ENACTMENT. Except as hereinafter provided, no building shall be erected or structurally altered, nor shall any building or premises be utilized for any purpose, other than permitted in the ZONING district in which the building or premises is located. No land or lot area shall be so reduced or diminished that the yards or open spaces shall be smaller than prescribed herein, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the Introduction - Page 1-1. district in which such building is located. No yard or other open space provided about any building for the purpose of complying with these regulations shall be considered as providing a yard or other open space for any other building.

5 Introduction - Page 1-2. CHAPTER 2. DEFINITIONS. SECTION. SCOPE. DEFINITIONS. SCOPE. For the purpose of this ORDINANCE and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word "person" includes a firm, partnership or corporation as well as an individual; the term "shall" is always mandatory and not discretionary; and the word "may" is permissive.

6 The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied.". DEFINITIONS. The following words, terms, and phrases are hereby defined as follows and shall be interpreted as such throughout this ORDINANCE . Terms not herein defined shall have the meaning customarily assigned to them: ACCESS: The right to cross between public and private property, thereby permitting pedestrians and vehicles to enter and leave property. ACCESSORY BUILDING: A subordinate building, the use of which is incidental to that of a main building and located on the same lot therewith.

7 ACCESSORY USE: A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located upon the same lot therewith. ADULT: Any person who is eighteen (18) years of age or older. ADULT-ORIENTED ESTABLISHMENTS: Sexually explicit establishments which cater to an exclusively or predominantly adult clientele, including but not limited to: adult bookstore, adult motion picture theaters, cabaret, and other enterprises which regularly feature materials, acts of displays involving complete nudity or exposure of specified anatomical areas specifically defined in Athens City ORDINANCE Number 843.

8 ADVERTISING: Includes any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for advertising, whether placed on the ground, rocks, trees, tree stumps, or other natural structures or on buildings, structures, milestones, signboards, billboards, wallboard, roofboard, frames, supports, fences, banners, inflatables or other man-made structure, and any such advertising is a structure within the meaning of the word "structure" as utilized in this ORDINANCE . (amended 2/20/07). Definitions - Page 2-1. ADVERTISING SIGN OR STRUCTURE: See Sign. AGRICULTURE: The production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, berries.

9 Vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALLEY: A minor right-of-way less than fifty (50) feet in width, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes. AMUSEMENTS: Establishment engaged in providing amusements or entertainment as a commercial business for a fee or admission charge and includes such activities as dance halls, studios, theatrical procedures, bands, orchestras, and other musical entertainment, bowling alleys, billiards and pool establishments, commercial sports such as arenas, rings, racetracks, and amusement parks, riding academies, carnivals operations, expositions, game parlors, coin-operated devices, and horse shows.

10 (added 2/20/07). AREA, BUILDING: The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps. AUTOMOTIVE REPAIR: A facility which is used for painting, body and fender work, engine overhaul or other major repair of a motor vehicle. (added 2/20/07). AUTOMOBILE SERVICE FACILITY: A facility that sales from its premises goods and the provisions of service that are generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. This includes the sale of petroleum products, tires, batteries, automotive accessories, and replacement items, lubricating services and the minor repair of vehicles.


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