PURPOSE:

To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

RESIDENTIAL DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS:

Required off-street parking shall be provided on the same site as the use it is to serve unless otherwise approved by the City Manager or his/her designee.

All vehicle parking shall be on a suitably paved parking surface, which shall consist of concrete, asphalt, or a similar material. All driveways and approaches to parking spaces shall be similarly paved, except in the A district. All residential lots shall also have some type of car covering (i.e. garage, carport, etc.) located behind the front building setback line and behind the side setback line if located on a corner lot.

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

27.3

NONRESIDENTIAL AND MF DISTRICTS - SPECIAL OFF-STREET PARKING PROVISIONS:

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in Section 31.

For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with Section 27.10 (Fire Lanes).

All required off-street parking, maneuvering, loading and storage areas shall be paved with a hard surface such as asphalt, concrete, or other paving material as approved by the City Manager, or his/her designee (i.e., no parking shall be permitted on grass, gravel, within landscaped areas, or on other unimproved surfaces).

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Each standard off-street surface parking area shall be designed in accordance with the following standards for overall layout and design. Specific parking space sizes, exclusive of aisles, driveway and maneuvering areas shall be in accordance with the following minimum sizes:

Standard: Nine feet (9') by eighteen feet (18')

Parallel: Eight feet (8') by twenty-two feet (22')

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g. curb, wheel stop, etc.) installed so as to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies.

Handicap parking space(s) shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA).

In all nonresidential, duplex and multi-family zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this Section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City Manager, or his/her designee.

Off-street stacking requirements for drive-through facilities:

A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight (8) feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. One escape lane shall be provided.

For each service window of a drive-through restaurant, a minimum of six (6) spaces shall be provided for the first vehicle stop (usually the menu/order board), and two (2) spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.).

One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three (3) stacking spaces for each service window shall be provided.

For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of four (4) stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

For each automated self-service (drive-through/rollover) car wash bay, a minimum of three (3) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

For each wand-type self-service (open) car wash bay, a minimum of two (2) stacking spaces, in addition to the wash bay itself, shall be provided. One stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

For automobile quick-lube type facilities, a minimum of three (3) stacking spaces shall be provided for each service bay in addition to the service bay(s) itself.

27.4

OFF-STREET LOADING SPACE - ALL DISTRICTS:

All retail, commercial, industrial and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks on-site (i.e., no backing or maneuvering may occur on a street or public alley). Each site shall provide a designated on-site loading and maneuvering area for trucks (see Illustration 2). Such off-street loading space may be adjacent to (but not any portion of) a public alley or private service drive, or it may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten feet by forty-five feet (10' x 45'), and such spaces or berths shall be provided in accordance with the following schedule:

Total Square Feet of Gross Floor Area in Structure	Minimum Required Spaces or Berths
0 to 10,000 square feet	None
10,001 to 50,000 square feet	1
50,001 to 100,000 square feet	2
100,001 to 200,000 square feet	3
Each additional 100,000 square feet	1 additional

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential use or district shall be designed and constructed so as to enclose the loading operation on three sides, in order to reduce the effects of the noise of the operation on adjacent residences.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through, “circular” drive for each ten (10) students cared for (excluding child care in a residence). An additional lane shall also be required to allow passby or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

27.5

PARKING ACCESS FROM A PUBLIC STREET - ALL DISTRICTS:

In the approval of a detailed Site Plan, design consideration shall be given to providing entrance/exit drives which extend into the site to provide adequate queuing of vehicles on the site.

In all districts (except single-family and duplex zoning districts) building plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the City Manager, or his/her designee.

Parking space configuration, location, arrangement, size and circulation in all Districts shall be constructed according to Illustration 10.

27.6

PARKING REQUIREMENTS BASED UPON USE:

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

Apartment Complex: 1.75 spaces for each efficiency or 1-bedroom unit, 2 spaces for each 2-bedroom unit, 2.5 spaces for each 3-bedroom unit, 3 spaces for each 4- or more bedroom unit

Automobile parts sales (indoors): One (1) space per five hundred (500) square feet of indoor floor area, plus one (1) space for each two thousand (2,000) square feet of outside sales area.

Automobile sales or service: See Motor Vehicle Sales

Bank, savings and loan, or similar institution: One (1) space per two hundred and fifty (250) square feet of gross floor area in addition to required stacking spaces (see Subsection 27.3 J.)

Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use and one per employee, per shift.

Bowling alley or center: Four (4) parking spaces for each alley or lane

Bus or truck repair, storage area, or garage: One (1) space for each five hundred (500) square feet of floor area and repair garage with a minimum of five (5) spaces

Business or professional office (general): One (1) space per three hundred (300) square feet of gross floor area, except as otherwise specified herein

Car wash (self-serve): One (1) space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; Car wash (full service): One (1) space per one hundred fifty (150) square feet of floor area in addition to the required stacking spaces (also see Subsection 27.3 J.)

10.

Church, rectory, or other place of worship: One (1) parking space for each four (4) seats in the main auditorium/sanctuary (see Subsection 27.7(B))

11.

College or university: One (1) space per three (3) day students (based upon maximum occupancy and/or enrollment numbers)

12.

Commercial amusement (indoor): One (1) space per one hundred fifty (150) square feet of gross floor area, or as follows:

Racquetball or handball courts - Three (3) spaces for each court

Indoor tennis courts - Three (3) spaces for each court

Gymnasium, skating rinks, and martial arts schools - One (1) space for each three (3) seats at a maximum seating capacity (based upon maximum occupancy), plus one (1) space for each two hundred (200) square feet

Swimming pool - One (1) space for each one hundred (100) square feet of gross water surface and deck area

Weight lifting or exercise areas - One (1) space for each two hundred (200) square feet

Indoor jogging or running tracks - One (1) space for each one hundred (100) linear feet

Motion picture theaters (which do not include live performances): a) one (1) space per three and one-half (3-1/2) seats for single-screen theaters; b) one (1) space per five (5) seats for motion picture theaters with two (2) or more screens (see Subsection 27.7(B))

Amusement Center - One (1) space per one thousand (1,000) square feet

All areas for subsidiary uses not listed above or in other parts of this Section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses

13.

Commercial amusement (outdoor): Ten (10) spaces plus one (1) space for each five hundred (500) square feet over five thousand (5,000) square feet of building and recreational area

14.

Commercial use: One (1) space per two hundred fifty (250) square feet of floor area

15.

Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains (see Subsection 27.7(B))

16.

Convenience store (with gasoline pumps): One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each gasoline pump unit (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

17.

Dance/aerobics studio, or assembly/exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area thereof

18.

Day nursery, day-care center: One (1) space per ten (10) pupils (based upon maximum occupancy and/or licensing capacity), plus one (1) space per teacher, plus one (1) space for each bus or van stored on the property (and sized to accommodate the vehicle)

19.

Defensive driving school/class: One (1) space for each classroom seat (see Subsection 27.7(B))

20.

Fraternity, sorority or dormitory: One (1) parking space for each two (2) beds on campus, and one and one-half (1-1/2) spaces for each two beds in off-campus projects

21.

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000) square feet

22.

Gasoline station: One (1) space per two hundred (200) square feet of floor area, plus one (1) space for each gasoline pump unit (a unit may have up to six (6) nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

23.

Golf course: One (1) parking space per three (3) holes or green plus requirements for retail, office, and clubhouse areas and one (1) space per each two (2) employees

24.

Golf driving range: One space for each driving tee

25.

Health club, health spa or exercise club: One (1) space per one hundred fifty (150) square feet of floor area

26.

Hospital: One (1) space for each two (2) beds or examination room, whichever is applicable; plus one (1) space for every two (2) employees during periods of full occupancy.

27.

Hotel or Motel: One (1) space per room for the first two hundred fifty (250) rooms, plus one (1) space per five (5) restaurant/lounge area seats (based upon maximum occupancy), plus one (1) space per one hundred twenty-five (125) square feet of meeting/conference areas, plus one (1) space for each employee.

28.

Industrial (light) uses: One-half (1.5) [sic] space for each one thousand (1,000) square feet of floor area (one space per 300 square feet for office/administrative areas)

29.

Institutions of a philanthropic nature: Ten (10) spaces plus one (1) space for each employee

30.

Library or museum: Ten (10) spaces plus one (1) space for every three hundred (300) square feet

31.

Lodge or fraternal organization: One (1) space per two hundred (200) square feet

32.

Lumber yard/home improvement center: One (1) space per four hundred (400) square feet display area, plus one (1) space per one thousand (1,000) square feet of warehouse

33.

Machinery or heavy equipment sales: One (1) space per five hundred (500) square feet of gross floor area

34.

Manufactured/mobile home or manufactured/mobile home park: Two (2) spaces for each manufactured/mobile home unit, plus visitor/supplemental parking in accordance with Subsection 22.4(B), plus additional spaces as required herein for accessory uses

35.

Manufacturing, processing or repairing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater

36.

Medical or dental office: One (1) space per two hundred (200) square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

37.

Mini-warehouse: Four (4) spaces per establishment plus (1) one additional space per ten thousand (10,000) square feet of storage area

38.

Mortuary or funeral home: One (1) parking space for each two hundred (200) square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one (1) space for each three (3) seats in the auditorium/sanctuary (see Subsection 27.7(B)), whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.

39.

Motor vehicle sales and new or used car lots: One (1) parking space for each five hundred (500) square feet of sales floor/office and other indoor uses, plus one (1) parking space for each one thousand (1,000) square feet of exterior lot area used for storage, sales and parking areas, plus one (1) parking space per repair bay in service areas (indoors or outdoors), plus one (1) parking space per service/towing vehicle to be stored on-site (required parking spaces are in addition to those to be used for the storage/display of vehicles for sale/lease).

40.

Nursing home, convalescent home, or home for the aged: One (1) space per six (6) beds; plus one (1) parking space for each three hundred (300) square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses; plus one (1) space for every two (2) employees at full occupancy.

41.

Office (administrative or professional): One (1) space for each three hundred (300) square feet of floor area

42.

Outdoor display: One (1) space for each six hundred (600) square feet of open sales/display area

43.

Places of public assembly not listed: One (1) space for each three (3) seats provided (see Subsection 27.7(B))

44.

Real estate office: One (1) space for each two hundred (250) square feet

45.

Restaurant, private club, nightclub, cafe or similar recreation or amusement establishment: One (1) parking space for each one hundred (100) square feet of seating/waiting area, or one (1) space for every three (3) seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be required for drive-through facilities (see Subsection 27.3 J.)

46.

Retail or personal service establishment, except as otherwise specified herein: One (1) space per two hundred (200) square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see Subsection 27.3 J.)

47.

Retirement housing for the elderly (independent living): One and one-half (1.5) spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses

48.

Rooming or boarding house: One (1) parking space for each sleeping room, plus one (1) parking space for each host resident or employee during maximum (i.e., peak) shift

49.

Sanitarium or similar institution: One (1) parking space for each six (6) beds, plus one (1) parking space for every two (2) employees at maximum (i.e., peak) shift and full occupancy

50.

School, elementary (grades K-6): One (1) parking space for each fifteen (15) students (design capacity)

51.

School, secondary or middle (grades 7-8): One (1) parking space for each twelve (12) students (design capacity)

52.

School, high school (grades 9-12): One space for each three (3) students, faculty and staff (design capacity)

53.

Storage or warehousing: One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of total floor area, whichever is greater

54.

Telemarketing: One (1) space for each two hundred and fifty (250) square feet of floor space

55.

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One (1) parking space for each three (3) seats or bench seating spaces (see Subsection 27.7(B))

56.

Truck stop/travel center: One (1) truck parking space for each ten thousand (10,000) square feet of site area, plus one (1) vehicle parking space per two hundred (200) square feet of retail/service building area (plus one space per one hundred square feet of restaurant/cafe floor area, if provided)

57.

Veterinarian clinic: One (1) space per three hundred (300) square feet of gross floor space.

58.

Warehouse or wholesale type uses: One (1) space for five thousand (5,000) square feet of gross floor area.

27.7

RULES FOR COMPUTING NUMBER OF PARKING SPACES:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

“Floor Area” shall mean the gross floor area of the specific use.

“Seat” shall be interpreted as follows:

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals 1.75 feet of length; and

For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight (8) square feet of floor area occupied by such seating area (includes aisles).

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the City Manager, or his/her designee, in accordance with the requirements for the most closely related use specified in this Section.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.

For buildings which have mixed uses within the same structure (such as retail and office), the parking requirement shall be calculated for the most intensive use. In cases where the design of the interior of the structure is not practical for alteration, the parking requirement may be calculated for each use within a structure for buildings over 20,000 square feet.

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions. Up to fifty percent (50%) of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall be determined by the City Manager, or his/her designee. To assure retention of the shared parking spaces, each property owner shall properly draw and execute a document expressing the same and shall file this agreement with the City of Clarksville City.

27.8

LOCATION OF PARKING SPACES:

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed five hundred (500) feet from any nonresidential building served.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and City Council is required according to the following criteria:

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within one hundred fifty feet (150') of such building or structure providing:

That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use, or

That a long-term Remote Parking Lease Agreement be provided upon approval by the City as a condition of such use.

27.9

USE OF REQUIRED PARKING SPACES, NONRESIDENTIAL DISTRICTS:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale/lease/rent.

27.10

FIRE LANES:

Fire lanes shall be provided in all multi-family (and in some single-family attached), manufactured home, and nonresidential developments, as required by the adopted Fire Code of the City (also see the Subdivision Ordinance for certain fire lane regulations). Fire lanes shall be a minimum width of twenty-four feet (24') of paving, and shall have a minimum inside turning radius at curves of twenty feet (20'), or as required by the Fire Code. The minimum overhead vertical clearance over fire lanes shall be fourteen feet (14').

§ 28 ACCESSORY STRUCTURES AND USE REGULATIONS.

28.1

In a single-family or multi-family district, an accessory structure is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings shall be located toward the rear portion of the property.

28.2

In nonresidential districts, an accessory structure is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory structures shall not be permitted without a main building or primary use being in existence. Accessory structures should, wherever possible, be located toward the rear portion of the property.

28.3

Accessory structures shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

The accessory dwelling unit may be constructed only with the issuance of a Building Permit.

The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.

Accessory structures are not permitted without the main or primary structure.

Metal accessory storage buildings less than two hundred and eighty (280) square feet are permitted but shall not be used as an enclosed parking area or garage for any lot that is eight thousand (8,000) square feet or less in size. For lots greater than 8,000 square feet in size, metal accessory buildings shall not exceed three and one-half percent (3.5%) of the total lot area.

28.4

Setback and Height requirements for enclosed accessory structures shall be as follows:

Front Yard: Accessory buildings shall be prohibited in front of the main building.

Separation: No closer than ten feet (10’) to the main building or the accessory structure shall be regarded as part of the main building for the purpose of determining the side and rear yards.

Side/Rear Yard: Shall not be nearer than three feet (3') from any side or rear lot line.

Side Street Yard: An accessory building located within twenty-five feet (25') of the rear lot line on corner lots shall not be closer than twenty-five (25') from the side street.

Height: Shall not exceed twenty-four (24') in height.

Setback and Height requirements for unenclosed accessory structures (such as carports) shall be as follows:

Front Yard: Accessory structures shall be prohibited in front of the main building.

Side/Rear Yard: Shall not overhang any side or rear lot line.

Side Street Yard: An accessory structure located on a corner lot shall not be closer than ten feet (10') from the side street.

Height: Shall not exceed fifteen feet (15') in height.

Measurement: Carports shall be measured from the posts supporting the roof nearest to the street or alley.

28.5

Accessory dwellings (including garage/accessory dwellings and detached units) may be permitted with the issuance of a Special Use Permit in residential zoning districts (see regulations for the specific district, and the Use Charts, Section 26), and shall conform to the height limitations of the main structure. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling, servant’s/caretaker’s quarters, etc.) shall be allowed on any lot within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold.

§ 29 FENCING, WALLS AND SCREENING REQUIREMENTS.

29.1

PURPOSE:

To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this Section in accordance with the following standards.

29.2

SCREENING OF NONRESIDENTIAL, MULTI-FAMILY AREAS AND MANUFACTURED/MOBILE HOME PARKS:

In the event that multi-family, nonresidential uses, or manufactured/mobile home parks side or back upon a single-family, two-family or other residential zoning district, or in the event that any nonresidential district sides or backs upon a multiple-family district, a solid brick/masonry or wood screening wall/fence of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

The owner of the multi-family property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district. This construction requirement applies only when multi-family is adjacent to residential uses.

When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

Any screening wall or fence required under the provisions of this Section or other City requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

All required screening walls shall be equally finished on both sides of the wall.

Open storage of materials, commodities or equipment (see Section 26, Zoning Districts permitting outside storage) shall be screened with a minimum six-foot (6') fence or wall. (See definition of outside storage.)

In districts permitting open storage, screening shall be required only for those areas used for open storage. A six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

Solid masonry (brick, concrete block or concrete panels)

Chain link with solid landscape screening

Wrought iron with solid landscape screening

Solid wood fence

Alternate equivalent screening may be approved through the site plan approval process under Section 12.

No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') in height shall only be allowed with site plan approval.

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the City Manager (or his/her designee) for review and approval prior to construction of said screening/fencing.

All areas where dismantled vehicles, or vehicles stored for repair, are located or stored shall be screened in accordance with Subsection (D) above.

29.3

FENCES IN RESIDENTIAL AREAS:

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

Except as provided by (C) below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot. No fence shall be erected in any front yard or side yard which is adjacent to a public street. No residential fence shall be closer than fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin the fence may be constructed out to the property line of said side yard.

Decorative fences with openings not less than fifty percent (50%) of the fence area and not exceeding three feet (3') in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing

[Reserved]

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one (1) acre in size.

Gates designed for vehicular access shall be set back from the property line a minimum of twenty-five feet (25').

Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City of Clarksville City’s codes/ordinances pertaining to same.

Special purpose fencing, such as fencing around tennis courts, is permitted.

§ 30 SUPPLEMENTAL REGULATIONS.

30.1

COMMUNICATIONS ANTENNAS AND SUPPORT STRUCTURES/TOWERS:

Telecommunication towers and commercial antennas may be allowed in any district only with a Specific Use Provision.

No Commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures exceeding fifty feet (50') in height, or to antennae place wholly within or mounted upon a building.

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards (see Illustration 8).

Antennae (amateur or commercial) shall not interfere with radio or television reception of adjoining property owners, and shall comply with all regulations of the Federal Communications Commission (FCC). In no manner shall the use of such equipment infringe upon adjoining property owners.

Satellite dishes and other similar antennas shall be permitted on the roof of a building, as long as satellite dishes do not exceed three feet (3') in diameter and antennas do not extend over twelve feet (12') above the roof of the building. Any parabolic or satellite dish antenna over three feet (3') in diameter, but not exceeding twelve feet (12') in diameter, may be mounted on the roof if a letter certifying the roof’s/building’s structural stability is written and sealed by a registered architect or engineer and submitted to the City Manager his/her designee. Roof-mounted antennae that comply with the above do not require additional yard setbacks or setbacks from residential areas or dwellings.

Only one (1) satellite dish shall be permitted per residential lot or primary structure, except that a maximum of two (2) dishes shall be allowed if both units are three feet (3') or less in diameter. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter, and must be permitted by the City Manager, or his/her designee.

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and FCC shall be prohibited on any antenna or antenna support structure.

All publicly owned antennae or antenna support structures shall be permitted in any district (e.g., public safety communications, etc.).

Violations of this ordinance shall be punishable by fine in accordance with Section 36 [Section 37] of the Zoning Ordinance of the City of Clarksville City, Texas.

30.2

MINIMUM DWELLING UNIT AREA:

Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

30.3

OPEN STORAGE AREAS:

Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in Appendix A-1).

30.4

SIGHT VISIBILITY:

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping thirty inches (30") or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of two (2) or more public rights-of-way (e.g., streets or alleys) occurs, a triangular visibility area shall be created, as follows:

The areas of property on both sides of the intersection of an alley accessway and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides (see Illustration 12).

The areas of property located at a corner formed by the intersection of two (2) or more public rights-of-way (or a private nonresidential or multi-family driveway onto a public road) shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides (see Illustration 12).

§ 31 LIGHTING AND GLARE STANDARDS.

31.1

PURPOSE:

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.

31.2

NONRESIDENTIAL SITE LIGHTING AND GLARE STANDARDS:

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three (3) feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 footcandles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

All off-street parking areas for nonresidential uses in nonresidential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

Intensity:

Minimum at any point on the parking area surface to be at least 0.6 footcandles initial, and at least 0.3 footcandles maintained or one-third (1/3) of the average, whichever is greater.

Illumination shall not exceed an average of one (1) footcandle at ground level and shall distribute not more than 0.25 footcandles of light upon any adjacent residentially zoned area.

Height:

On tracts or lots over three (3) acres in size, the maximum height for poles with lights is thirty-five feet (35').

On tracts or lots less than three (3) acres, the maximum height of poles with lights is thirty-five feet (35').

Special lighting or lighting higher than thirty-five feet (35') may be approved as specifically noted on a site plan.

31.3

RESIDENTIAL LIGHTING AND GLARE STANDARDS:

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

Direct lighting over ten feet (10') in height is shielded from adjacent property.

No light source shall exceed thirty-five feet (35') in height. Streetlights and other traffic safety lighting are exempt from this standard.

Lighting shall not directly shine on adjacent dwellings.

31.4

LUMINAIRES:

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in 32.5 [31.5] below.

31.5

SPECIAL OR TEMPORARY LIGHTING - LOW WATTAGE:

Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used.

§ 32 HOME OCCUPATION REGULATIONS.

32.1

PURPOSE:

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

32.2

SPECIAL PROVISIONS FOR HOME OCCUPATIONS:

Home occupations shall be permitted as accessory use in single-family residential zoning districts (i.e., A, SF-12, SF-8, SF-5.5, SF-PH, 2F and MH) provided that they comply with all restrictions herein;

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);

The occupation shall not employ persons who are not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

One commercial vehicle, capacity of two ton or less (according to the manufacturer’s classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

32.3

APPLICABILITY OF OTHER REGULATIONS:

Home occupations shall also be subject to any and all other provisions of local, State and/or Federal regulations and laws that govern such uses.

32.4

USES ALLOWED AS HOME OCCUPATIONS:

Subject to the provisions of Section 33.2 [32.2] above, home occupations may include the following uses:

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

Individual tutoring and home schooling;

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;

Registered Family Homes (see definition in Appendix A-1), in compliance with applicable State laws, which are incorporated herein by reference, with no more than four (4) children;

Barber shop/beauty salon or manicure studio, provided that no more than one customer is served at a time;

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

Bed and Breakfast Facility (see definition in Appendix A-1), provided that no more than five (5) guests are accommodated/served at a time.

32.5

USES PROHIBITED AS HOME OCCUPATIONS:

Home occupations shall not, in any event, be deemed to include the following uses:

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Ordinance, and except for occasional garage sales;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals;

Repair shops or services, except as specifically provided in Section 33.4 [32.4] above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines; and

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

32.6

HOME OCCUPATION USES NOT CLASSIFIED:

Any use that is not either expressly allowed nor expressly prohibited by Sections 33.4 and 33.5 [32.4 and 32.5], respectively, is considered prohibited, unless and until such use is classified by amendment to this Ordinance by the Clarksville City City Council, subsequent to an affirmative recommendation by the Planning and Zoning Commission.

32.7

EFFECT OF SECTION 32 UPON EXISTING HOME OCCUPATIONS:

Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of Section 7 provided that the owner/proprietor of such home occupation register his/her business with the City within ninety (90) days of the effective date of this Ordinance, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Ordinance shall be required upon registration.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection A above.

§ 33 OFF-PREMISE ADVERTISING (BILLBOARD) SIGN REGULATIONS.

33.1

PURPOSE:

The purpose of regulating billboard signs is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor billboard advertising signs; to protect property values, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community; to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, provide more open space and curb the deterioration of natural beauty and community environment and to promote Clarksville City as a distinctive community.

33.2

GENERAL PROVISIONS:

No such billboard sign may be erected prior to obtaining a building permit. Permits for permanent signs shall only be granted to the owner(s) or the agent of the property upon which the sign(s) will be installed.

No such sign may be permitted to be displayed in any district other than those zoned R/HC Retail (General)/Highway Commercial District and LI Light Industrial District.

No such sign shall be located closer than one thousand five hundred (1,500) feet from another off-premise advertising sign along the same roadway frontage.

All such signs shall not be allowed to overhang the public right-of-way and must reserve sufficient space on the lot for maintenance purposes.

Dimension Requirements:

All billboards shall adhere to the following.

Maximum Height - Thirty-five feet (35)

Measured from the highest point of the sign to ground level.

Maximum Face Area - Eight hundred [square] feet (800)

Calculated as the area enclosed within the outer edge of the frame (border) of each side of the sign.

Minimum Sign Separation - One thousand five hundred (1,500) feet from any other billboard

Separation between billboards shall be measured by the linear distance on the same side of the street.

Minimum Sign Separation from any public park, forest, playground, scenic area, or residential property - One thousand five hundred (1,500) feet.

Permit required-

No billboard sign shall be erected, constructed, altered or maintained until after permit for such billboard sign has been issued by the building official and the fee paid. Before a permit is issued for erection of a billboard, there shall be a registered architect’s or engineer’s certificate provided by the applicant stating that structural members will stand the stress to be placed upon them.

33.3

Grandfathered Signs: Any sign that legally exists as of the effective date of this Ordinance.

Changes in the content of a nonconforming sign including names, words, logos or similar information shall not constitute an alteration requiring conformance with this current sign regulation, as long as the changes do not make the sign more nonconforming and a permit is obtained for the changes.

Any nonconforming billboard sign which is damaged or deteriorated to an extent where restoration costs exceed sixty percent (60%) of the cost of erecting a new sign of the same type at the same location, shall be removed.

§ 34 INDUSTRIALIZED HOUSING SUPPLEMENTAL REGULATIONS.

34.1

Pursuant to Texas Occupation Code, Chapter 1202.253, or successor, a municipality may adopt regulations pertaining to single-family or duplex industrialized housing as permitted by state law.

34.2

Regulation of single-family and duplex industrialized housing.

Single-family or duplex industrialized housing must comply with all local permit and license requirements that are applicable to other single-family or duplex dwellings.

Any industrialized housing shall:

Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county in which the properties are located;

Comply with applicable building setbacks, square footage, and other site requirements [of the] applicable zoning district;

Have exterior siding, roofing, and roofing pitch compatible with the dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;

Be securely fixed to a permanent foundation.

Any owner or authorized agent who intends to construct, erect, install, or move any industrialized housing into the City shall first make application to the building inspector and obtain the required permits. In addition to any other information otherwise required for said permits, the application shall:

Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located by address, lot and block number and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the properties are located;

Describe and provide front view photographs of the exterior siding, roofing, roof pitch, for each dwelling located within 500 feet of the lot on which the industrialized housing is to be located;

Show proof of the value of the improved property by providing;

a copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, including the value of the lot, if the lot is included in the sale; or

a copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, and documentation showing the taxable value of the lot as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located, if the lot is not included in sale of the housing unit or if the value of the lot is not included on the sales receipt; and,

Describe the permanent foundation and method of attachment proposed for the industrialized housing;

Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.

Failure to provide any documentation required in 34.2(C) will be considered grounds to deny a permit application.

A person commits an offense if the person:

Causes or permits any industrialized housing to be constructed, erected, installed, or moved into the city without first submitting applications to the building inspector and obtaining all required permits;

Causes or permits any industrialized housing which does not comply with this section to be constructed, erected, installed, or moved into the city; or

Violates any provision of this section.

Any person aggrieved by these requirements may appeal to the Zoning Board of Adjustment as per Section 10.