A  R  T  I  C  L  E  

ZONING DISTRICT

 

SECTION

5.010.  Classification of Districts

5.020.  Zoning Map

5.030.  Zoning District Boundaries

5.040.  Specific District Regulations

5.041.  A-1, Agriculture-Forestry District

5.042.  A-2, Rural Residential District

5.043.  R-1, Suburban Residential District

5.044.  C-1, Rural Center District

5.045.  C-2, General Commercial District

5.046.  M-1, General Industrial District

5.047.  F-1, Floodway District

5.048.  O-1, Office-Professional District

5.049.  R-E, Single Family Exclusive Overlay District

5.010.  Classification of Districts.  For the purpose of this Resolution the following zoning districts are hereby established in Loudon County Tennessee: 

                       District

                   Zoning District               Abbreviation

          Agriculture-Forestry District         A-1

          Rural Residential District              A-2

          Suburban Residential District      R-1

          Rural Center District                      C-1

          General Commercial District         C-2

          General Industrial District            M-1

          Floodway District                          F-1

          Office-Professional District        0-1

          Single Family Exclusive Overlay District          R-E 

5.020.  Zoning Map.  The location and boundaries of the zoning districts established by this Resolution are bounded and defined as shown on the map entitled Zoning Map of Loudon County, Tennessee.  The zoning map or any amendment thereto shall be dated with the effective date of the resolution that adopts same.  Certified prints of the adopted zoning map or zoning map amendment shall be maintained in the office of the Loudon County Building Commissioner and shall be available for inspection by the public at all reasonable times, as long as this Resolution remains in effect.

5.030.  Zoning District Boundaries.  Unless otherwise indicated on the zoning map or zoning map amendment, the district boundaries are lot lines, center lines of streets or alleys, or the Loudon County boundary lines as they exist at the time of the enactment of the Zoning Resolution.  Questions concerning the exact locations of district boundaries shall be determined by the Loudon County Board of Zoning Appeals. 

Where a district boundary line divides a lot existing at the time this Resolution takes effect and the major portion of said lot is in the less restricted district, the regulations relative to that district may extend as well to such portion of said lot as is not more than twenty (20) feet within the more restricted district.

Where the property on one side of a street between two intersecting streets is in a business or industrial district and the property on the intersecting street, except the corner or corners, is in a residential district, the business or industrial use shall be limited to the property facing or fronting the street zoned for business or industry throughout the block and any property in the rear thereof facing or fronting the intersecting street, even though it appears to be in a business or industrial district, shall be governed by the use prevailing on the intersecting street.  It is the purpose of this Resolution to limit business and industrial uses to the property facing or fronting the street zoned for business or industry and to prohibit business or industrial uses facing or fronting the street zoned for residential uses.  In all cases of ambiguity due to the actual layout of the property or other circumstances, the Board of Zoning Appeals shall have authority to determine on which street the business or industrial use shall face or front so that the intent of the resolution shall be observed.

          5.040.  Specific District Regulations.  The following regulations shall apply in the seven zoning districts established in Section 5.010 of this resolution:

5.041.  A-1 Agriculture-Forestry District 

A.     District Description 

          This district is intended to preserve space for agricultural and forestry uses which together comprise an important segment of the economy of Loudon County.  The primary intent of the A-1 District is to minimize conflicts between agricultural and forestry activities and various nonfarm activities; to permit lands best suited for intense agricultural uses to be preserved for these purposes; and to prevent lands unsuitable for development of an urban or non-rural nature, due to topographic problems, location, or the inability to provide necessary urban services, from being encroached upon by these incompatible land uses.  Areas assigned to the A-1 District are primarily areas where growth of an urban or non-rural nature is deemed undesirable for one or more of the reasons outlined above.  The following regulations shall apply in the A-1 Agriculture-Forestry District as defined on the Zoning Map of Loudon County, Tennessee:

B.       Uses Permitted

          In the A-1, Agriculture-Forestry District, the following uses and their accessory uses are permitted: 

1.  Agricultural and forestry uses and their accessory structures, as defined in Article 2. 

2.  Detached single-family and two-family dwellings. 

3.  Agricultural processing including cotton ginning and compressing, corn shelling, hay baling and threshing services.

4.  Animal husbandry services including veterinarian services, animal hospital services and poultry hatchery services. 

5.  Forestry activities and related services. 

6.  Fisheries and related services. 

7.  Utility facilities necessary for the provision of public services. 

8.  One roadside stand for the sale of agriculture or forestry products produced on the premises provided that such stand does not exceed an area of three hundred (300) square feet and that it is located not nearer than thirty-five (35) feet from the roadway. 

9.  Customary home occupations as regulated in Article 4, Section 4.040. 

C.       Uses Permitted as Special Exceptions

          In the A-1, Agriculture-Forestry District, the following uses and their accessory uses may be permitted as special exceptions after review and approval in accordance with Article 7, Section 7.060. 

1.  Public or private educational institutions. 

2.  Churches or other places of assembly. 

3.  The surface and subsurface mining or quarrying of natural mineral resources.  (Concrete and asphalt plants/facilities are not considered an accessory use to these uses.)  NOTE:  Italics adopted by Loudon County Commission August 5, 1996. 

4.  Airports. 

5.  Marinas. 

6.  Travel trailer parks. 

7.  Sanitary landfill operations, subject to the approval of the Loudon County Sanitarian and the Tennessee Department of Public Health. 

8.  Cemeteries subject to the provisions of Article 4, Section 4.120. 

9.  Commercial feed lots which comply with all applicable state and federal laws. 

10.     On-site tenant houses for farm workers who are of a seasonal or permanent nature, provided the applicant produces a written statement by the Loudon County Sanitarian (environmentalist) approving the sewage disposal system for the structures(s) and provided the applicant provides sufficient evidence as to the need for such tenant houses(s). 

11.     Arts and crafts festivals. 

The afore mentioned activity may be permitted subject to the following: 

a. Shall be limited to artists and craftsman displaying original work, including antiques and related activities connected with such festival. 

b. Limits to no more than six (6) festivals per year (not exceeding four (4) days each) throughout the County with no one sponsor permitted to schedule more than two (2) events annually. 

c. Events shall be restricted to county civic groups or events sponsored by such groups. 

d. The Board of Zoning Appeals shall review each application and approval or disapproval shall be based on the quality of the event, impacts on the immediate area and suitability of plans as addressed in Subsection V. 

e. Sponsor of the event shall provide the following: 

i. Site plans for the property indicating the location of all exhibit areas, parking, rest rooms, access, etc. 

ii. Projected number of visitors per day 

iii. Traffic flow diagram 

iv. Location of all residences within a one-half (1/2) mile radius of property to be considered 

v. Written narrative describing security and emergency services. 

              12.  Light Manufacturing Uses 

          Light manufacturing uses are permitted as a special exception subject to provisions herein established.  In considering the special exception, the Board shall consider impacts on adjoining properties and determine whether the proposed use meets the spirit and intent of this resolution.  Approval of a special exception may be granted provided the following requirements are met and subject to such restrictions as the Board may deem necessary:

-    Use is permitted only on the same property as a primary residence and shall be located in an accessory structure. 

-    The manufacturing use (process and storage) shall not occupy more than 1,500 square feet. 

-    There shall be no exterior storage of materials nor shall the exterior appearance of the structure indicate that any use is occurring which would not be customarily permitted as an accessory use within the district.

-    There shall be no more than three (3) persons employed at any one time.  

-    The applicant for the special exception shall reside in the primary residence and shall be employed in the manufacturing operation. 

-    The property shall be not less than three (3) acres in size. 

          Light Manufacturing Uses Permitted as a Special Exception: 

-    Woodworking

- Light metal fabrication

- Furniture Upholstering

- Arts and crafts  manufacturing

- Any use of a similar character 

     13.    Communication Towers 

D.      Uses Prohibited

          In the A-1, Agriculture-Forestry District, all uses except those uses or their accessory uses specifically permitted or permitted upon approval as a special exception by the Board are prohibited.

E.      Dimensional Regulations

          All uses permitted in the A-1, Agriculture Forestry District shall comply with the following requirements except as provided in Article 6. 

1.  Front Yard:  The minimum depth of the front yard shall be fifty (50) feet. 

2.  Rear Yard:  The minimum depth of the rear yard shall be thirty-five (35) feet for the principal structure and fifteen (15) feet for any permitted accessory structures. 

3.  Side Yard:  The side yard shall be a minimum of twenty (20) feet for a single-story structure, plus an additional five (5) feet for each additional story. 

4.  Land Area:  No farm, ranch, or other parcel of land shall be reduced in area to provide separate lots or building sites of less than one (1) acre in area.  However, where there is an existing lot of record of less than one (1) acre on August 1, 1971, this lot may be utilized for the construction of one single-family dwelling.  In the event that the property proposed to be subdivided is less than five (5) acres in area, then a soils analysis of the property must be conducted and the results of such an analysis shall be transmitted to the Loudon County Sanitarian.  The Planning Commission shall assist the property owner or his agent in working with other agencies to have the soils analysis completed.  If the results of the soils analysis indicate compliance with the required standards of the Tennessee Department of Public Health, the Loudon County Sanitarian shall submit a written statement certifying same to the Loudon County Building Commissioner.  Upon receipt of such a certification from the Loudon County Sanitarian, the Loudon County Building Commissioner shall issue a building permit to the applicant, providing all other provisions of the Loudon County Zoning Resolution are met.  In the event that the results of the soils analysis or other tests that may be required do not meet the required standards of the Tennessee Department of Public Health, then the Loudon County Sanitarian shall submit to the Loudon County Building Commissioner, prior to the issuance of a building permit, a written opinion, in lieu of a certification, which shall define what lot size or configuration or both shall be necessary to meet the required standards.  In the event that an opinion is submitted in lieu of a certification by the Loudon County Sanitarian to the Building Commissioner, the Building Commissioner shall notify the applicant of the necessary lot size or configuration or both based upon the aforementioned Loudon County Sanitarian's written opinion.  The Building Commissioner shall not issue a building permit until the necessary changes have been made and the Sanitarian submits to the Building Commissioner a certification that with these changes, the standards of the Tennessee Department of Public Health have been met. 

5.  Maximum Lot Coverage:  Main farm and agricultural accessory buildings shall cover no more than five (5) percent of the total land area. 

     Permitted non-agricultural or forestry uses, both principal and accessory, shall cover no more than twenty (20) percent of the total land area. 

6.  Lot Width:  No lot shall be less than one hundred and fifty (150) feet wide at the building setback line. 

7.  Height Requirement:  No building shall exceed three (3) stories or fifty (50) feet in height, except as provided in Article 6, Section 6.030. 

5.042.  A-2 Rural Residential District 

A.     District Description 

          This district is intended to be utilized in areas where, due to remoteness, impermeability or shallowness of soils, the absence of the necessary urban services, or the continuation of farming or agricultural activities, development of a suburban density is undesirable or unfeasible.  Although the A-2 District is primarily a rural district, it also provides for low‑density residential development with lot sizes for single-family dwellings being less restrictive than those of the A-1 Agriculture-Forestry District.  In addition, a primary objective of the A-2 District is to prevent undesirable urban sprawl and to exclude land uses which demand a level of urban services which are impossible or uneconomical to provide.  The following regulations shall apply in the A-2 Rural Residential District as defined on the Zoning Map of Loudon County, Tennessee

B.       Uses Permitted

          In the A-2 Rural Residential District, the following uses and their accessory uses are permitted. 

1.  Agricultural and forestry uses and their accessory structures, as defined in Article 2. 

2.  Detached single-family and two-family dwellings. 

3.  Agricultural processing including cotton ginning and compressing, corn shelling, hay baling and threshing services. 

4.  Animal husbandry services including veterinarian services, animal hospital services and poultry hatchery services. 

5.  Forestry activities and related services. 

6.  Fisheries and related services. 

7.  Public and informational signs. 

8.  Utility facilities necessary for the provision of public services. 

9.  Public recreational facilities. 

10.     Public schools, libraries, and fire station. 

11.     Customary home occupation as regulated in Article 4, Section 4.040. 

C.       Uses Permitted as Special Exceptions

          In the A-2 Rural Residential District, the following uses and their accessory uses may be permitted as special exceptions after review and approval in accordance with Article 7, Section 7.060. 

1.       Churches or other places of assembly. 

2.       Riding stables and kennels. 

3.       Marinas. 

4.       Travel trailer parks. 

5.     Sanitary landfill operations, subject to the approval of the Loudon County Sanitarian, the Tennessee Department of Public Health, and the Loudon County Quarterly Court. 

6.     Subsurface extraction of natural mineral resources.  (Concrete and asphalt plants/facilities are not considered an accessory use to these uses.)  NOTE:  Italics adopted by Loudon County Commission August 5, 1996. 

7.       Private doctors or dental offices. 

8.       Private schools, colleges, and libraries. 

9.       Private recreational facilities other than those permitted. 

10.     Planned unit developments subject to the provisions of Article 4, Section 4.080. 

11.     Government buildings and community centers. 

12.     Cemeteries, subject to the provisions of Article 4, Section 4.120. 

13.     Light manufacturing uses are permitted as a special exception subject to provisions herein established.  In considering the special exception, the Board shall consider impacts on adjoining properties and determine whether the proposed use meets the spirit and intent of this Resolution.  Approval of a special exception may be granted provided the following requirements are met and subject to such restrictions as the Board may deem necessary: 

-    Use is permitted only on the same property as a primary residence and shall be located in an accessory structure. 

-    The manufacturing use (process and storage) shall not occupy more than 1,500 square feet. 

-    There shall be no exterior storage of materials nor shall the exterior appearance of the structure indicate that any use is occurring which would not be customarily permitted as an accessory use within the district. 

-    There shall be no more than three (3) persons employed at any one time. 

-    The applicant for the special exception shall reside in the primary residence and shall be employed in the manufacturing operation. 

-    The property shall be not less than three (3) acres in size. 

          Light Manufacturing Uses Permitted as a Special Exception: 

-    Woodworking

-    Light metal fabrication

-    Furniture Upholstering

-    Arts and crafts manufacturing

-    Any use of a similar character 

    14.     Communication Towers 

D.      Uses Prohibited 

          In the A-2, Rural Residential District, all uses except those uses of their accessory uses specifically permitted or permitted upon approval as a special exception by the Board are prohibited. 

E.     Dimensional Regulations 

          All uses permitted in the A-2, Rural Residential District, shall comply with the following requirements except as provided in Article 6. 

1.  Front Yard:  The minimum depth of the front yard shall be forty (40) feet.

2.  Rear Yard:  The minimum depth of the rear yard shall be thirty (30) feet for the principal structure and fifteen (15) feet for any permitted accessory structures. 

3.  Side Yard:  The side yards shall be a minimum of twenty (20) feet for a single-story structure, plus an additional five (5) feet for each additional story. 

4.  Land Area:  No farm, ranch, or other parcel of land shall be reduced in area to provide separate lots or building sites of less than one (1) acre in area.  However, where there is an existing lot of record of less than one (1) acre on August 1, 1971, this lot may be utilized for the construction of one single‑family dwelling.  In the event that the property proposed to be subdivided is less than five (5) acres in area, then a soils analysis of the property must be conducted and the results of such an analysis shall be transmitted to the Loudon County Sanitarian.  The Planning Commission shall assist the property owner or his agent in working with other agencies to have the soils analysis completed.  If the results of the soils analysis indicate compliance with the required standards of the Tennessee Department of Public Health, the Loudon County Sanitarian shall submit a written statement certifying same to the Loudon County Building Commissioner.  Upon receipt of such a certification from the Loudon County Sanitarian, the Loudon County Building Commissioner shall issue a building permit to the applicant, providing all other provisions of the Loudon County Zoning Resolution are met. 

     In the event that the results of the soils analysis or other tests that may be required do not meet the required standards of the Tennessee Department of Public Health, then the Loudon County Building Commissioner, prior to the issuance of a building permit, a written opinion, in lieu of a certification, which shall define what lot size or configuration, or both, shall be necessary to meet the required standards.  In the event that an opinion is submitted in lieu of a certification by the Loudon County Sanitarian to the Building Commissioner, the Building Commissioner shall notify the applicant of the necessary lot size or configuration, or both, based upon the aforementioned Loudon County Sanitarian's written opinion.  The Building Commissioner shall not issue a building permit until the necessary changes have been made and the Sanitarian submits to the Building Commissioner a certification that with these changes, the standards of the Tennessee Department of Public Health have been met. 

          5.     Maximum Lot Coverage:  Main farm or agricultural accessory buildings shall cover no more than five (5) percent of the total land area.  Permitted none agricultural uses, both principal and accessory, shall cover no more than thirty (30) percent of the total land area. 

          6.  Lot Width:  No lot shall be less than one hundred (100) feet wide at the building setback line. 

          7.     Height Requirement:  No building shall exceed three (3) stories or thirty-five (35) feet in height, except as provided in Article 6, Section 6.030. 

          8.     Parking Space Requirements:  As regulated in Article 4, Section 4.010. 

5.043.  R-1 Suburban Residential District 

A.     District Description 

          The R-1, Suburban-Residential District, is intended to provide areas which are suitable for low-density single and multiple-family residential development.  This district is particularly suitable for areas adjacent or near urban areas, where an adequate public water supply or public wastewater service is available.  The principle uses of land range from single-family to multi-family apartment uses.  The following regulations shall apply in the R-1 Suburban Residential District as defined on the Zoning Map of Loudon County, Tennessee: 

B.       Uses Permitted 

          In the R-1, Suburban-Residential District, the following uses and their accessory uses are permitted: 

1.  Detached single-family dwellings. 

2.  Rooming and boarding houses. 

3.  Prefabricated dwelling. 

4.  Mobile home. 

5.  Customary home occupation as regulated in Article 4, Section 4.040. 

6.  Duplexes. 

C.       Uses Permitted as Special Exceptions

          In the R-1, Suburban-Residential District, the following uses and their accessory uses may be permitted as special exceptions after review and approval in accordance with Article 7, Section 7.060. 

1.  Churches and other places of assembly. 

2.  Educational institutions. 

3.  Public and private recreation facilities. 

4.  Utility facilities necessary for the provision of public services. 

5.  Planned unit developments as regulated in Article 4, Section 4.080. 

6.  Mobile home parks, subject to the provisions of Article 4, Section 4.100. 

7.  Cemeteries subject to the provisions of Article 5, Section 4.120. 

8.  Government buildings and community centers. 

9.  Multi-family dwellings.  In order to provide for the orderly development of multi-family housing in areas conducive to such development the following specifications and guidelines shall be followed in granting a special exception: 

Multi-family dwellings shall be: 

a. located adjacent to arterials and/or collector roads; 

b. served by public utility water and an approved wastewater treatment facility (i.e., septic system or public wastewater system); 

c. located near areas of intense urban activity and necessary community facilities; 

d. designed to provide permanent open and recreational space for residents; 

e. designed to meet the area requirements as stated in Subsection 4. Land Area; 

f. located in areas where the use will not conflict with the character of the surrounding area. 

     Approval of an apartment complex consists of a two stage process, a preliminary approval for a site selection and a final approval consisting of a site design.  A site plan shall be submitted with the following information: 

a. The site location of the proposed use/structure including a location map and the scale of such a map. 

b. Drainage system plan to include but not limited to the location of enclosed storm sewers and appurtenances, open channels, and swales on property lines and/or back lot lines, and contour lines at five (5) foot intervals. 

c. Size and dimensions of the proposed building(s) and a drawing of all setbacks. 

d. Parking area design, number of parking spaces, and design of those spaces. 

e. Location of any signage and the dimensions of such sign(s) which will advertise the use of the buildings. 

f. Location and design of all entrances and exits onto a public road. 

D.      Uses Prohibited

          In the R-1, Suburban-Residential District, all uses except those uses specifically permitted or permitted upon approval as a special exception by the Board are prohibited. 

E.     Dimensional Regulations

          All uses permitted in the R-1, Suburban-Residential District, shall comply with the following requirements except as provided in Article 6: 

1.  Front Yard:  The minimum of the front yard shall be thirty (30) feet. 

2.  Rear Yard:  The minimum depth of the rear yard shall be twenty-five (25) feet for the principal structure and fifteen (15) feet for any permitted accessory structure. 

3.  Side Yard:  The side yard shall be a minimum of fifteen (15) feet for one and two-story structures, plus five (5) additional feet of side yard for each additional story over two. 

4.  Land Area:  No lot or parcel of land shall be reduced in size to provide separate lots or building sites of less than 20,000 square feet in area.  Where there is an existing lot of record of less than 20,000 square feet, at the time of adoption of this Resolution, this lot may be utilized for the construction of one single-family dwelling, providing the lot in question has a public water supply and providing that said lot of record is not less than 7,500 square feet in area. 

     On lots or parcels of land where multiple-family dwellings are constructed, the following area requirements and definitions shall apply except as regulated in Article 4, Section 4.080, (planned unit developments): 

                           Number of      With Public                   With Public Water
                          
Dwelling          Water and                   but without
                          
Units                  Sanitary Sewers                   Public Wastewater 

                              1                   20,000 sq. ft.                   20,000 sq. ft.

                              2                   25,000 sq. ft.                   30,000 sq. ft.

                              3                   30,000 sq. ft.                   35,000 sq. ft.

                              4                   35,000 sq. ft.                   40,000 sq. ft. 

                          More than                     3,500 sq. ft. for                   Not permitted unless
                          4 units                           each unit over 4                   on-site treatment units

  
        (i.e., package plants) are used, 30,000 sq. ft. for each unit over 4

          Dwelling, Attached - A dwelling with one or more party walls, or one party wall in the case of a dwelling at the end of a group of attached dwellings.

          Dwelling, Multiple-Family - Two or more attached dwelling units.

*The Board of Zoning Appeals may increase the lot size requirement if a soils analysis or percolation tests as required by the Loudon County Sanitarian indicate a potential problem with subsurface sewage disposal. 

F.              Cluster Development Option 

     Purpose:  The cluster development option is established to encourage clustering of residential development promoting more creative design options based on the size, shape, natural resources of a site; constraints which have direct implications for development.  The primary purpose of the option is to maintain open space, preservation of natural environmental features and enhance design which may not be practical under traditional development standards.  This option shall not apply within the 1st and 4th civil districts up to the Tennessee River and Little Tennessee River which are primarily rural in character. 

Objectives:
* Maintain the same density standards of the district
* Promote connection to public sewage systems to reduce environmental impacts
* Reduce construction and maintenance costs (public and private)
* Enhance opportunities for creative design
* Encourage design which utilizes open space as part of the development 

     Requirements:  The following general requirements are established for developments utilizing the cluster development option:
* Minimum lot area shall not be less than 15,000 sq. ft.
* Required connection to public sewage system.

* Establishment of association/entity to supervise and maintain open space.

* Open space shall be integrated throughout the development, including sensitive environmental areas and identified as part of the subdivision approval process.