ARTICLE 4
SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS
SECTION
4.020.
Off-Street
Loading and Unloading Requirements
4.030. Temporary
Use Regulations
4.040. Customary
Home Occupations
4.050.
Fall-Out
Shelter Restrictions
4.060. Gasoline
Service Station Restrictions
4.070. Swimming
Pool Restrictions
4.020. Off-Street Loading and Unloading Space Required. Every building or structure hereafter constructed and used for industry, business, or trade involving the receiving or distribution of vehicles, materials, or merchandise shall provide space for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public or private alley or if there is no alley, to a public street. The minimum required spaces for this provision shall be based on the total usable floor area of each principal building according to the following table:
Total Usable Floor Area for Principal Building Spaces Required
0 to 4,999 square feet
One (1) space
5,000 to 9,999 square feet Two (2) spaces
10,000 to 14,999 square feet Three (3) spaces
15,000 to 19,999 square feet Four (4) spaces
Over 20,000 square feet Four (4) spaces, plus
one (1) space for each additional 20,000 sq. ft.
The Board of Zoning Appeals may reduce or increase this requirement in the interest of safety where unusual or
special conditions are due consideration.
4.030. Temporary Use Regulations.
The following regulations are necessary to govern the operation of certain necessary or seasonal uses nonpermanent in nature.
Application for a temporary use permit shall be made to the Building Commissioner. Said application shall contain a graphic description of the property
to be utilized and a site plan, a description of the proposed use, and sufficient information to determine yard requirements, setbacks, sanitary facilities, and
parking space for the proposed temporary use. The following uses are all-inclusive and shall be subject to
the specific regulations and time limits which follow and to the regulations of any district in which such use is located:
A. Carnival or circus:
May obtain a temporary use permit in the A-1, C-1, C-2, or F-1 districts; however, such permit shall be issued for a period of not longer than fifteen
(15) days. Such use shall only be permitted on lots where adequate off-street parking can be provided.
B. Christmas tree sale:
May obtain a 30 day temporary use permit for the display and sale of Christmas trees on open lots in any district.
C. Temporary buildings:
In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. Such permit shall not be valid for more than one (1) year but may be renewed for six‑(6) month extensions; however, not more than three
(3) extensions for a particular use shall be granted. Such use shall be removed immediately upon completion of the construction project or upon expiration of the temporary use permit, whichever
occurs sooner. In any commercial district, a temporary permit may be
issued for a temporary structure if said structure is used as an accessory use in conjunction with a permanent business. The
structures shall comply with all setback provisions of the district. Permits shall be restricted to not more than
two (2) times during the calendar year for periods not to exceed thirty (30) days each.
D. Real estate sales office:
In any district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision which has been approved by the
Planning Commission under the Loudon County Subdivision Regulations. Such office shall contain no living
accommodations. The permit will be valid for one (1) year, but may be granted two (2) six-month extensions.
Such office shall be removed upon completion of sales of the lots therein or upon expiration of the temporary use permit, whichever occurs sooner.
E. Religious tent meetings:
In any district except the M-1, General Industrial District, a temporary use permit may be issued for a tent
or other temporary structure to house a religious meeting. Such permit shall be issued for not more than a thirty
(30) day period. Such activity shall be permitted only on lots where adequate off-street parking can be provided.
F. Seasonal sale of farm produce:
In any district except the M-1, General Industrial District, a temporary use permit may be issued for the sale of farm produce grown on the premises.
Structures utilized for such sales shall be removed when not in use. The permit shall be issued for a five-month
period. All structures must be set back from the roadway a minimum of thirty-five (35) feet.
G. Temporary dwelling units in case of medical
hardships: In any district, a temporary use permit may be issued to place a mobile home (double-wides excluded) on a lot which already contains a
residential structure, provided that the purpose of such placement temporarily shall be to make it possible for a resident of either structure to provide
assistance to a person who requires daily assistance due to physical or mental disability, and provided further than such a temporary structures does not
represent a hazard to the safety, health, or welfare of the community.
An applicant for a
temporary use permit, as provided under this subsection, must produce a written statement from a physician certifying that the specific disability requires
assistance from someone in close proximity as evidence of such disability, and a written statement from the Loudon County Sanitarian approving the sewage
disposal system of the proposed temporary structure.
Such a permit may
be initially issued for eighteen (18) months. A permit may be renewed for six (6) months at a time, subject to producing a new statement from a physician
certifying that the assistance is still required due to the disabling condition. A temporary permit shall be
revoked and the structure removed immediately upon expiration of the permit or upon a change in the conditions under which such permit was issued.
The person requiring assistance due to the stated disabling condition may be a resident of either the temporary or permanent structure.
The temporary residence shall be treated as an accessory structure.
H. Temporary dwelling unit in cases of other
special hardships: In any district, a temporary use permit may be issued to place a mobile home (double-wides
excluded) temporarily on a lot which already contains a residential structure where the Loudon County Board of Zoning Appeals finds that special circumstances
or conditions, fully described in the findings of the Board exist; such that the use of a temporary residential structure is necessary in order to prevent an
exceptional hardship on the applicant; provided that such a temporary structure does not represent a hazard to the safety, health, or welfare of the community.
An applicant for a
temporary use permit as provided under this subsection must produce a written statement from the Loudon County Sanitarian approving the sewage disposal system
of the temporary structure. Such a permit may be initially issued for nine (9) months. A permit may be renewed for up to six
(6) months at a time, the total time for all permits not exceeding a total of eighteen months. The temporary
structure shall be treated as an accessory structure.
I. Temporary manufacture of road materials:
In any district, except the R-1, Suburban Residential District, a temporary use permit may be issued upon approval by the Loudon County Board of Zoning
Appeals to operate manufacturing plants which are necessary in order to produce the materials required for the construction of approved public roads where the
board finds that such a use is not potential noxious, dangerous, or offensive. In the exercise of its approval, the
Board of Zoning Appeals may impose such conditions upon the proposed plants as it may deem advisable in the furtherance of the general purposes of this
Resolution.
Such a permit may
be initially issued for a nine (9) month period. A permit may be renewed for up to six (6) months at a time, the
total time for all permits not exceeding a total of twenty-four (24) months.
4.040. Customary Home Occupations. A customary home occupation is a gainful occupation or
profession conducted by members of a family residing on the premises and conducted entirely within the principal dwelling unit.
In connection with a home occupation, no stock in trade shall be displayed outside the dwelling and no alteration to any building shall indicate from the
exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory buildings.
When questions arise regarding the legality of specific home occupations, the Board of Zoning Appeals shall determine whether said home occupation is in
compliance with the district in which said home occupation is located. However, activities such as dancing instruction, band instrument instruction, except piano instruction, tea rooms, tourist homes, real estate
offices, convalescent homes, mortuaries, animal clinics, retail sales business, or any other activity deemed by the Board to be incompatible with the district
or potential nuisance to the surrounding area shall not constitute an acceptable home occupation.
4.050. Fallout Shelter Restrictions. Fallout shelters are permitted as principal or accessory uses
and structures in any district, subject to the yard and lot coverage regulations of the district. Areas of
underground fallout shelters extending not more than thirty (30) inches above the general ground level of the graded lot shall not be included in computations
of lot coverage by all buildings. The Board of Zoning Appeals may waive side and rear yard setback requirements to
permit construction of joint shelters by two or more property owners provided, however, that side and rear yard setback requirements shall be met where property
involved in the joint proposal abuts or adjoins property not included in the proposal.
4.060. Gasoline
Service Station Restrictions. The following regulations shall apply to all gasoline service stations:
A. There shall be a building setback from
all street right-of-way lines of a distance of not less than forty (40) feet, except for canopies designed to cover the gasoline pump islands.
B. Gasoline pumps shall not be located closer
than fifteen (15) feet to any street right-of-way line.
C. Sign requirements as established
in Article 4, Section 4.090, shall be met.
4.070.
Swimming Pool Restrictions. The following regulations shall apply to all swimming pools:
A. No swimming pool or part thereof,
excluding aprons and walks, shall protrude into any required front yard in the A-1, A-2, and R-1 Districts.
B. The swimming pool area shall be
walled or fenced with a locked gate so as to prevent uncontrolled access by children and pets from the street or adjacent properties.
Said fence or wall shall not be less than five (5) feet in height and maintained in good condition. (Amended
and approved by Loudon County Commission 6/4/02.)
C. Private swimming pools are permitted in A-1, A-2, R-1, and C-1 Districts provided that the pool is intended and is to be used solely for the enjoyment of the occupants and their guests of the property on which it is located.