CHAPTER 1

Zoning Ordinance

of the City of

Kingston, Tennessee

Republished w/Amendments

Re-adopted September 1992

Updated and Republished August, 2022

TABLE OF CONTENTS

PAGE

CHAPTER 1: MUNICIPAL REGIONAL PLANNING COMMISSION

11-101. Creation and Membership 1

11-102. Organization, Powers, Duties, etc. 1

11-103. Additional Powers 1

CHAPTER 2: ZONING CODE

11-201. Zoning Code and Zoning Map 3

11-202. Purpose of Zoning Code 3

11-203. Definitions 3

CHAPTER 3: GENERAL PROVISIONS

11-301. Scope 15

11-302. Zoning Affects Every Building Uses and Structures 15

11-303. Continuance of Nonconforming Uses and Structures 15

11-304. Only One Principal Building on Any Lot 17

11-305. Street Frontage 17

11-306. Rear Yard Abuts a Public Street 17

11-307. Reductions in Lot Area Prohibited 18

11-308. Obstructions to Vision at Street Intersection Prohibited 18

11-309. Off-Street Automobile Parking 18

11-310. Motorized Farm and/or Construction Vehicles 19

11-311. Access Control 19

11-312. Off-Street Loading and Unloading Space Required 19

11-313. Maximum Building Height 20

11-314. Annexations 20

CHAPTER 4: ZONING DISTRICTS

11-401. Classification of Districts 21

11-402. Boundaries of Districts 21

11-403. R-1, Residential District 22

11-404. R-2, Residential District 24

11-405. R-3, Residential District 27

11-406. O-1, Office District 27

11-407. C-1, General Business District 28

11-408. C-2, Highway Business District 30

11-409. C-3, Local Business District 31

11-410. C-4, Controlled Commercial District 32

11-411. M-1, Light Industrial District 37

11-412. M-2, Heavy Industrial District 39

11-413. F-1, Floodway District (removed) 41

11-414. H-1, Historical District 41

CHAPTER 5: EXCEPTIONS AND MODIFICATIONS

11-501. Lot of Record 43

11-502. Adjoining Substandard Lots of Record 43

11-503. Planned Unit Developments 43

11-504. Rear and Side Yards Abutting a Railroad Siding 47

11-505. Front Yards 47

11-506. Height Limits 47

CHAPTER 6: SUPPLEMENTARY REGULATIONS APPLYING TO A

SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS

11-601. Scope 49

11-602. Fallout Shelters 49

11-603. Customary Home Occupations 49

11-604. Signs, Billboards, and Other Advertising Structures 50

11-605. Swimming Pools 56

11-606. Development and Use Standards and Regulations for Mobile

Homes 57

11-607. Small Lot Residential Developments 61

11-608. Development Standards for Certain Uses 72

11-609. Temporary Use Regulations 74

11-610. Environmental Performance Standards 75

11-611. Drainage and Erosion and Sedimentation Control 76

11-612. Partition Fences 79

11-613. Site Plan Review Standards and Procedures 80

11-614. Telecommunications Towers 82

CHAPTER 7: ENFORCEMENT

11-701. Enforcing Officer 85

11-702. Building Permit Required 85

11-703. Issuance of Building Permit 85

11-704. Certificate of Occupancy 86

11-705. Records 86

11-706. Violations and Remedies 86

CHAPTER 8: BOARD OF ZONING APPEALS

11-801. Creation and Designation 87

11-802. Remuneration and Conflict of Interest 87

11-803. Procedure 87

11-804. Appeals Procedure 87

11-805. Administrative Reviews 88

11-806. Special Exceptions 88

11-807. Variances 88

11-808. Further Powers 88

CHAPTER 9: HISTORIC ZONING COMMISSION

11-901. Creation and Appointment 91

11-902. Procedure 91

11-903. Powers and Duties 91

11-904. Jurisdiction 92

CHAPTER 10: AMENDMENTS AND LEGAL STATUS

11-1001. Procedure and Actions Required 93

11-1002. Legal Status 94

APPENDIX A: QUICK REFERENCE FOR DIMENSIONAL

REQUIREMENTS

Minimum Lot Area 95

Yard Requirements 95

Landscaping and Parking 95

CHAPTER 1

MUNICIPAL REGIONAL PLANNING COMMISSION

11-101. Creation and Membership

11-102. Organization, Powers, Duties, etc.

11-103. Additional Powers

11-101. Creation and Membership. Pursuant to the provisions of Section 13-4-101 of

the Tennessee Code Annotated there is hereby created a municipal planning commission,

hereinafter referred to as the planning commission. The planning commission shall

consist of ten (10) members. One member shall be the mayor of the municipality and one

member shall be a councilman selected by the city council. The other eight (8) members

shall be appointed by the mayor. All members of the planning commission shall serve as

such without compensation. Except for the initial appointment, the terms of the eight (8)

appointive members of the planning commission shall be for terms of eight (8) years

each. The eight (8) members first appointed shall be appointed for terms of one, two,

three, four, five, six, seven, and eight years respectively, so that the term of one member

expires each year. The terms of the mayor and the member selected from the city council

shall run concurrently with their terms of office on the council. Any vacancy in an

appointive membership shall be filled for the unexpired term by the mayor, who shall

also have authority to remove any appointive member at this pleasure. (1961 code, sec.

11-101)

11-102. Organization, Powers, Duties, etc. The planning commission shall be

organized and shall carry out its powers, functions, and duties in accordance with Title 13

of the Tennessee Code Annotated. (1961 code, sec. 11-102)

11-103. Additional Powers. Having been designated as a regional planning

commission, the municipal planning commission shall have the additional powers

granted by, and shall otherwise be governed by the provisions of the state law relating to

regional planning commissions. (1961 code, sec 11-103)

CHAPTER 2

ZONING CODE

11-201. Zoning Code and Zoning Map

11-202. Purpose of Zoning Code

11-203. Definitions

11-201. Zoning Code and Zoning Map. Title 11, Chapters 2 through 9, inclusive of

this code shall be known as the zoning code, and a map entitled “Zoning Map of

Kingston, Tennessee”, dated ---------, and referred to in this code as the zoning map and

all explanatory matter thereon is hereby made a part of the zoning code and is on file in

the office of the city clerk.

11-202. Purpose of Zoning Code. The zoning regulations and districts as herein set

forth have been made in accordance with the comprehensive plan for the purpose of

promoting the public health, safety, convenience, order, prosperity, and general welfare

of the community. They have been designed to lessen congestion in the streets, to secure

safety from fires, floods, panic, and other dangers, to provide adequate light and air, to

prevent the overcrowding of land, to avoid undue construction of population, to facilitate

the adequate provision of transportation, water, sewerage, schools, parks, and other

public requirements. They have been made with reasonable consideration among other

things as to the character of each district and its peculiar uses, and with a view of

conserving the value of buildings and encouraging the most appropriate use of land

throughout the city.

11-203. Definitions. For the purpose of this zoning code and in order to carry out the

provisions and intentions as set forth therein, certain words, terms, and phrases are to be

used and interpreted as defined hereafter. Words used in the present tense shall include

the future tense; words in the singular number include the plural and words in the plural

number include the singular; the word “person” includes a firm, partnership, or

corporation as well as an individual; the term “ shall” is always mandatory and not

directory; and the word “may” is permissive. The word “used” or “occupied” as applied

to any land or building shall be construed to include the words “intended, arranged, or

designed to be used or occupied.”

The following words, terms, and phrases are hereby defined as follows and shall be

interpreted as such throughout the zoning code. Terms not herein defined shall have the

meaning customarily assigned to them.

Access. The right to cross between public and private property, thereby permitting

pedestrians and vehicles to enter and leave the property.

Accessory Building. A subordinate building, the use of which is incidental to that of a

main building and located on the same lot therewith.

Accessory Use. A use customarily incidental, appropriate, and subordinate to the

principal use of land or buildings and located upon the same lot therewith.

Advertising. Includes any writing, printing, painting, display, emblem, drawing, sign, or

other devise designed, used, or intended for advertising, whether placed on the ground,

rocks, trees, tree stumps, or other natural structures or on buildings, structures,

milestones, signboards, billboards, wallboard, roofboard, frames, supports, fences or

other man-made structure, and any such advertising is a structure within the meaning of

the word “structure” as utilized in this ordinance.

Agricultural Use. Includes all forms of agriculture, growing of crops in the open,

dairying, grazing, the raising and maintaining of poultry and other livestock, horticulture,

forest, and woods, provided, however, all health ordinances of the City of Kingston are

complied with.

Alley. A minor right-of-way, dedicated to public use, which affords a secondary means

of vehicular access to the back or side of properties otherwise abutting a street, and which

may be used for public utility and public service purposes.

Area, Building. The total areas taken on a horizontal plane at the main grade level of the

principal building and all necessary buildings exclusive of uncovered porches, terraces,

and steps.

Automobile Wrecking. The dismantling, storage, sale, or dumping of used motor

vehicles, trailers, or parts thereof.

Billboard (Outdoor Advertising Display Sign). A sign that is affixed to or erected upon a

free-standing framework that directs attention to a business, commodity, service, or

entertainment conducted, sold or offered at a location other than the premises on which

the sign is located. (Amended by Ordinance # 7-8-14)

Note: This type of sign is also commonly referred to as an off-premise sign. Any

sign that is not an on-premise sign, as defined herein shall be an off-premise sign. All

Billboards are signs. Not all signs are Billboards. In this ordinance, where reference is

made to signs, it shall apply to Billboards as well except where otherwise indicated.

Board. Kingston Board of Zoning Appeals (BZA).

Boarding Houses. A dwelling structure designed to accommodate individuals and a

manager with family. The structure may include communal or separate bath facilities and

shall provide separate sleeping quarters designed to accommodate no more than two (2)

people per bedroom.

Building. Any structure intended for shelter, housing, or enclosure of persons, animals,

or chattel, including tents, lunch wagons, dining cars, and similar structures whether

stationary or movable.

Building, Main or Principal. A building in which is conducted the principal use of the lot

on which it is situated. In any residential district any dwelling shall be deemed to be a

main building on the lot on which it is situated.

Building Inspector. The Kingston City Building Inspector, the office of which is

established by this ordinance, and whose appointment is made by the chief appointing

authority of the City.

Building Setback Line. A line delineating the minimum allowable distance between the

property line and a building on a lot, within which no building or other structure shall be

placed except as otherwise provided.

Building Setback Line, Front. A line delineating the minimum allowable distance

between the street right-of-way, or if an official future street right-of-way line has been

established, from that future street right-of-way line, and the front of a building on a lot.

The front building setback line extends the full width of the lot and is parallel to or

concentric with the street right-of-way.

Building Setback Line, Rear. A line delineating the minimum allowable distance

between the rear property line and a building on a lot (other than for permitted accessory

structures). The rear setback line extends the full width of the lot.

Building Setback Line, Side. A line delineating the minimum allowable distance between

the side property line and a building on a lot. The side setback line extends from the

front building setback line to the rear building setback line.

Basement. A story partly or wholly underground. For purposes of height measurement, a

basement shall be counted as a story when more than one-half (1/2) of its height is above

the average ground elevation.

Child Care Facility. A structure used, at least partially, for the care and supervision of

eight (8) or more children under seventeen (17) years of age, not involving a transfer of

legal custody, and for time periods of less than twenty-four (24) hours per day. In

general, the care-givers in the facility have no familial relationship with the children

provided care. (amended by Ord. #98-4-14-1)

Clinic. See Medical Facilities.

Commercial Feed Lot. Any parcel of land on which 100 or more cattle, fowl, or hogs are

being kept and fed for the purpose of slaughter and sale on the commercial food market.

Coverage. A lot area covered by all buildings located therein, including the area covered

by all overhanging roofs.

Country Club. A chartered, nonprofit, membership club, with facilities catering primarily

to its membership and providing one or more of the following recreational or social

amenities: golf, riding, clubhouse, pool, dining facilities, lounge.

Development. Any man-made change to improved or unimproved real estate, including

but not limited to buildings or other structures, mining, dredging, filling, grading, pacing,

excavating, or drilling operations. Agricultural activities such as plowing or cultivating

and gardening activities are not included in this definition of development.

District. Any section or sections of the area lying within the corporate limits of the City

of Kingston for which the regulations governing the use of land and the use, density,

bulk, height, and coverage of buildings and other structures are in force.

Duplex Dwelling. A structure designed and built for use by no more than two (2) family

units with completely separate interior facilities.

Dwelling. A house, duplex, or other building used primarily as an abode except that the

word “dwelling” shall not include mobile homes, trailers, tents, motels, or other

structures designed or used primarily for transient residents.

Dwelling, Multiple. A dwelling designed for occupancy by three (3) or more families

living independently of each other.

Dwelling, Transient. A motel or boarding house of similar structure designed or used

primarily for transient residents.

Dwelling Unit. One or more rooms and a single kitchen designated as a unit for

occupancy by only one family for cooking, living, and sleeping purposes.

Flood. An overflow of lands not normally covered by water that results in significant

adverse effects in the vicinity.

Floodplain. A land area adjoining a river, stream, watercourse, ocean, bay, or lake,

which is likely to be flooded.

Flood Hazard, Special. The maximum area of the floodplain that, on the average is

likely to be flooded once every 100 years (i.e., that has a one percent chance of being

flooded each year).

Floodway. The natural channel and the portion of the floodplain along the channel that

must be retained solely for the passage of floodwaters to prevent an undue increase in

flood heights upstream, which in this ordinance shall be the areas shown or not shown on

the Kingston floodway maps, equal to an area extending five (5) times the width of the

stream at the top of its banks, unless it can be shown in a study by a registered engineer

that a smaller area would be a reasonable requirement.

Floodway Fringe Areas. Areas adjacent to a Floodway Zone that are below the elevation

of the regional flood and/or the structure profile.

Flood, 100 Year. A flood having an average frequency of occurrence of one in 100

years, although the flood may occur in any year, as defined in TVA flood studies.

Floodproofing. Any combination of structural or non-structural additions, changes, or

adjustments which reduces or eliminates flood damage to real estate, improved real

property, water supply and sanitary sewer facilities, electrical systems, and structures and

their contents.

Flood, Regional. A hypothetical flood whose level has been derived from consideration

of the largest floods known to have occurred on streams of similar physical

characteristics in the same general geographical region.

Floor Area. The sums of the gross floor area for each of the several stories under a roof,

measured from the exterior limits or faces of a building or structure.

Forestry Use. Those land uses devoted to the extraction of forestry products, such as

timber or timber products, but excluding any activity involving the rearing, trapping, or

slaughter of animals.

Frontage. All the property on one side of a street between intersecting streets (crossing

or terminating) measured along the line of the street, or if the street is dead ended, then

all the property abutting on one side between an intersecting street and the dead end of

the street.

Gasoline Service Station. Any area of land, including structures thereon, that is utilized

for the retail sale of gasoline, oil (but no butane or propane fuels), or automobile

accessories, and incidental services including facilities for lubricating, hand car washing

and cleaning, or otherwise servicing automobiles, but not including painting or major

repair.

Grade, Finished. The completed surfaces of lawns, walks, and roads brought to grades as

shown on official plans or designs relating thereto.

Group Home/Quarters. A dwelling structure designed and built to accommodate up to

fourteen (14) dependent persons, excluding a manager with family. The structure may

include community or separate bath facilities and shall provide separate sleeping quarters

designed to accommodate no more than two (2) people per bedroom.

Health Department. The Roane County Health Department.

Height of Building or Structures. The vertical distance from the averaged ground

elevation or finished grade at the building line, whichever is the highest, to the highest

point of the building or structure.

Home Occupation. 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.

Hospital. See Medical Facilities.

Junk Yard or Salvage Yard. A lot, land or structure, or part thereof, used primarily for

the collecting, storage and sale of waste paper, rags, scrap metal, or discarded material; or

for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in

running condition or for the sale of parts thereof.

Land Subject to Flood. For the purposes of this ordinance, land subject to flood shall be

considered land below the elevation of the regional flood and/or structure profile.

Loading Space. An area ten (10) feet by forty (40) feet with a fourteen (14) foot height

clearance providing for the standing, loading, or unloading of a truck or other vehicle.

Lot. A piece, parcel, plot, or parcel of land in one (1) ownership, which may include one

(1) or more contiguous lots of record, occupied or to be occupied by one principal

building and its accessory buildings including the open spaces required under this

ordinance.

Lot, Area. The total surface of land area included within lot lines.

Lot, Corner. A lot of which at least two (2) adjoining sides abut their full lengths on a

street, provided that the interior angle at the intersection of two (2) such sides is less than

135 degrees.

Lot, Lines. The boundary dividing a given lot from the street, an alley, or adjacent lots.

Lot of Record. A lot which is part of a subdivision recorded in the office of the county

been recorded in the office of the county register of deeds prior to the effective date of

this zoning ordinance.

Medical Facilities.

Convalescent, Rest, or Nursing Home: A health facility where persons are housed and

furnished with meals and continuing nursing care for compensation.

Dental Clinic or Medical Clinic: A facility for the examination and treatment of ill and

afflicted human outpatients, provided however, that patients are not kept overnight except

under emergency conditions.

Hospital: An institution providing health services primarily for human in-patient medical

care for the sick or injured and including related facilities, emergency medical services,

and staff offices which are an integral part of the facility.

Public Health Center: A facility utilized by a health unit for the provision of public health

services.

Minimum Floor Elevation. The lowest elevation permissible for the construction,

erection, or other placement of any floor including a basement floor.

Mobile Home or Trailer. A structure, transportable in one or more sections, which is

eight (8) body feet or more in width and is thirty-two (32) body feet or more in length,

which is built on a permanent chassis, designed to be used with or without a permanent

foundation when connected to the required utilities, and includes the plumbing, heating,

and electrical systems contained therein. Recreational vehicles and travel trailers are not

included in this definition of mobile home.

Mobile Home Park. Any area, tract, site, or plot of land whereupon mobile homes are

herein defined are placed, located, or maintained, and shall include all accessory

buildings used or intended to be used as part of the equipment.

Multi-Family Dwelling. A structure designed and built for more than two (2) family units

with each unit having complete separate unit access and interior facilities.

Non-conforming Use. A building, structure, or use of land existing as of November 21,

1961 or lawful at the time of amendment which does not conform to the provisions of this

ordinance for the district in which it is located.

Noxious Matter. Material in gaseous, liquid, or solid form which is capable of causing

injury to living organisms, chemical reactions, or detrimental effects upon the social,

economic, or psychological well-being of individuals.

Open Space. An area on the same lot with a main building which is open, unoccupied,

and unobstructed by structures from the ground to the sky except as otherwise provided

in this ordinance.

Parking Lot. An off-street facility including parking spacing with adequate provisions

for drives and aisles for maneuvering and obtaining access, and for entrance and exit.

Parking Space. An off-street space available for parking one (1) motor vehicle and

having an area of not less than two hundred (200) square feet exclusive of passageways

and driveways giving access thereto, and having access to a street or alley.

Planning Commission. The Kingston Regional Planning Commission.

Plat. A map, plan, or layout indicating the location and boundaries of individual

properties.

Principal Use. The specific primary purpose for which land or a building is used.

Private Wastewater Treatment. Individual subsurface sewage disposal systems (i.e.

septic tanks), package treatment plants or individual aeration systems employed for the

collection and treatment and/or disposal of wastewater, as approved by the local health

office.

Professional Office. An office of a physician, dentist, attorney, architect, engineer,

planner, accountant, or similar professions.

Public Water. A municipal, community, or utility district water treatment and

distribution system of a type approved by the State Department of Public Health and the

Public Service Commission.

Public Wastewater System. A municipal, community, or utility district sewerage

treatment and disposal system of a type approved by the State Department of Public

Health and the Public Service Commission.

Public Uses. Public parks, schools, and administrative, cultural, and service buildings

not including public land or buildings devoted solely to storage and maintenance of

equipment and materials.

Planned Unit Development (PUD). A single planned area of land which 1) has both

individual building sites and common property such as a park, and 2) is designed and

organized to be capable of satisfactory use and operation as a separate entity without

necessarily having the participation of other building sites or other common property; the

ownership of the common property may be either public or private.

Recreational Vehicle. See Travel Trailer.

Roadway. The actual road surface including necessary road shoulders and drainage

facilities including ditches and curbs and gutters, which is used to transport motor

vehicles.

Sanitary Landfill. An area or site utilized by a public or private entity for disposal of

solid waste or refuse in a manner which meets the regulations imposed upon the

operation and maintenance of sanitary landfill sites by the State Department of Public

Health.

Sign, Off-Premise. A sign relating to a product, service, or establishment that is not on

the premises on which the sign is located.

Signs. Any object, device, display, or structure, or part thereof, which is used to

advertise, identify, display, direct, or visually attract attention to an object, person,

institution organization, business, product, service, event, or location by any means, ,

including words, letters, figures, design, symbols, fixtures, colors, illumination, or

projected images. (Amended by Ordinance # 7-8-14)

Note: This definition shall not include festival or holiday decorations, the

noncommercial use of a flag, emblem, insignia, or other display of any nation or political

subdivision; traffic, safety or similar regulatory devices; legal notices; signs or tablets

which are primarily memorials; emblems of religious institutions that are attached to

buildings; or flags or similar emblems of political, civic, philanthropic, educational, or

religious organizations.

Sign, Electronic Message Board. An illuminated sign capable of displaying words,

symbols, figures, images, or animation that can be electronically or mechanically

programmed or changed on-site or remotely. (Added by Ordinance # 17-9-12-1)

Sign, Incidental. A sign intended to convey information or direct traffic typically less

than one square foot. Examples: store hours, open/closed signs, barber poles, traditional

icons, credit card logos, business address, owner/manager name and entrance/exit signs.

(Amended by Ordinance # 12-11-13-3)

Sign, Pole. A sign supported by a sign structure secured in the ground and that is wholly

independent of any building or object, other than the sign structure, for support.

(Amended by Ordinance # 12-11-13-3)

Sign, Portable. A commercial sign or device, trailer sign, or any variation thereof,

handheld, vehicle mounted, or located on the ground, easily movable, not permanently

attached to any support or structure. The use of this type of sign is typically temporary.

(Amended by Ordinance # 12-11-13-3)

Sign, Temporary. A sign that is intended for temporary use as allowed by this ordinance.

Temporary signs may include, but are not limited to: auction signs, banners, balloons,

builder signs, development in progress signs, garage sale signs, grand opening signs,

holiday decorations, political signs, real estate signs, and special event signs. (Amended

by Ordinance # 12-11-13-3)

Sign, Wall. A sign mounted on the wall of a building or structure in such a manner that

the wall becomes the supporting structure for the sign. A sign painted on the wall of a

building or structure in such a manner that the wall becomes the background surface of

the sign. A sign mounted on beams, brackets, or poles projecting from a building. A sign

or plaque carved into stone, concrete, or similar material, or made of bronze, aluminum

or other permanent type metal materials, and made an integral part of the structure.

(Amended by Ordinance # 12-11-13-3)

Sign, Window. A sign, advertising device, or product depiction or logo placed within,

affixed to, in contact with, or located within three feet of a window or transparent door

and intended to be seen from the exterior. (Amended by Ordinance # 12-11-13-3)

Special Exception. A use which is specifically permitted if the owner can demonstrate to

the satisfaction of the Board of Zoning Appeals that it will meet certain standards,

enumerated safeguards, or qualifying conditions.

Story. That portion of a building included between the upper surface of any floor and the

upper surface of the floor next above; or any portion of a building between the topmost

floor and the roof, which is used for human occupancy in which the floor area with eight

(8) feet or more head clearance equals fifty (50) percent or more of floor area of the next

story below. Provided it is not used as a dwelling unit, a top floor in which the floor area

with eight (8) feet or more of head clearance equals less than fifty (50) percent of the

floor area of the story next below shall be a “half-story.” A basement shall be considered

as a story if more than half of its height is above the average ground level from which the

“height of a building” is measured or if it is used for commercial purposes.

Streets. A strip of land, improved and constructed to city street standards, intended for

vehicular traffic and providing the principal means of access to property, including but

not limited to road, lane, drive, avenue, highway, expressway, boulevard, or any other

thoroughfare. The term street shall not be deemed to include alley, except as otherwise

specifically provided herein. (amended by Ord. #99-12-14-1)

Streets, Private. An improved street constructed to city street standards that is not a

component of the city, state or federal system of the city thoroughfare system but is

privately owned and maintained by a developer or homeowner’s association.

Streets, Public. Any vehicular way, except alleys, which is owned and maintained by the

city, state, or federal governments.

Structure. Any combination of materials, including buildings, constructed or erected, the

use of which requires location on the ground or attachment to anything having location

on the ground and including among other things, signs, billboards, and fences.

Structure Profile. Profile along the Tennessee River equivalent to one that would be

reached if the maximum known flood in this general region were to occur on the drainage

areas downstream from the major flood storage reservoirs, increased approximately

fifteen (15) percent for a safety factor, and further increased by an appropriate minimum

discharge from the storage reservoirs.

Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the

cost of which equals or exceeds fifty (50) percent of the market value of the structure

either 1) before the repair or improvement or 2) before the damage occurred. For the

purposes of this ordinance, substantial improvement is considered to occur when the

alteration of any wall, ceiling, floor, or other structural part of the building commences,

whether or not that alteration affects the external dimensions of the structure. The term

does not, however, include: 1) any project for improvement of a structure to comply with

existing state or local health, sanitary or safety code specifications which are solely

necessary to ensure safe living conditions, or 2) any alteration or restoration of a structure

listed on the National Register of Historic Places or a State Inventory of Historic Places.

Swimming Pools. An outdoor swimming pool shall be any pool or open tank not located

within a completely enclosed building and containing or normally capable of containing

water to a depth of any point greater than one and one-half (1-1/2) feet.

Travel Trailer. A vehicular, portable structure designed as a temporary dwelling for

travel, recreation, and vacation uses. Motorized recreational vehicles shall be treated as

travel trailers.

Travel Trailer Park. A plot of land designed and equipped to accommodate travel

trailers for short periods of time.

Use. The purpose for which land or a building or other structure is designed, arranged, or

intended, or for which it is or may be occupied or maintained.

Variance. A deviation from or modification of the terms of this ordinance.

Yard. A yard is an open space on the same lot with a principal building, open,

unoccupied, and unobstructed by buildings from the ground to the sky except as

otherwise provided in this ordinance.

Yard, Front. The yard extending across the entire width of the lot between the nearest

part of the principal building, including porches, and the front lot line. Or, if an official

future street right-of-way line has been established, between the main building, including

covered porches and the future right-of-way line.

Yard, Rear. The yard extending across the entire width of the lot between the nearest part

of the principal building, including porches, and the rear lot line.

Yard, Side. The required space unoccupied except as herein provided, measured between

the side lot line and the nearest point of the principal building and between the front yard

and the rear yard.

Watercourse. Any depression serving to give direction to a flow of water, having a bed

and well-defined banks, where the drainage area above the same is ten (10) acres or more

in extent, provided that it shall, upon the rule or order of the planning commission

include other generally and specifically designated areas where flooding may occur. The

flow of water need not be on a continuous basis but may be intermittent resulting from

the surface runoff of precipitation.

Zoning Officer. The public official authorized to enforce zoning regulations. The

Building Inspector).

CHAPTER 3

GENERAL PROVISIONS

11-301. Scope

11-302. Zoning Affects Every Building and Use

11-303. Continuance of Nonconforming Uses and Structures

11-304. Only One Principal Building on Any Lot

11-305. Street Frontage

11-306. Rear Yard Abuts a Public Street

11-307. Reductions in Lot Area Prohibited

11-308. Obstructions to Vision at Street Intersection Prohibited

11-309. Off-Street Automobile Storage

11-310. Motorized Farm and/or Construction Vehicles

11-311. Access Control

11-312. Off-Street Loading and Unloading Space Required

11-313. Maximum Building Height

11-314. Annexations

11-301. Scope. For the purpose of the zoning code, there shall be certain general

provisions which shall apply, except as specifically noted, to the city as a whole.

11-302. Zoning Affects Every Building and Use. No building or land shall hereafter

be used and no building or part thereof shall be erected, moved, or altered unless for a use

expressly permitted by and in conformity with the regulations where specified for the

district in which it is located, except as hereafter provided.

11-303. Continuance of Nonconforming Uses and Structures. It is the intent of this

ordinance to recognize that the elimination, as expeditiously as is reasonable, of the

existing buildings and structures or uses that are not in conformity with the provisions of

this ordinance is as much a subject of health, safety, and welfare as is the prevention of

the establishment new uses that would violate the provisions of this ordinance. It is also

the intent of this ordinance to so administer the elimination of nonconforming uses,

buildings, and structures as to avoid an unreasonable invasion of established private

property rights. Lawful nonconforming uses, buildings, and structures existing at the

time of passage of this or any amendment thereto shall be allowed to remain subject to

the following provisions:

1. An existing nonconforming use of a building may be changed to a conforming use

or to another nonconforming use of the same or higher classification, provided,

however, that establishment of another nonconforming use of the same or higher

classification shall be subject to the written approval of the Board of Zoning

Appeals and subject to such conditions as the Board of Zoning Appeals may

require in order to protect the area.

2. A nonconforming use of land shall be restricted to the area occupied by such use

as of the effective date of this ordinance. A nonconforming use of a building or

buildings shall not be enlarged to either additional land or buildings after the

effective date of this ordinance. However, those parts or existing buildings that

violate yard regulations may be repaired and remodeled, but not reconstructed or

structurally altered. The portions of buildings not in violation of yard

requirements may be replaced or enlarged in conformity with all other applicable

provisions.

3. When a nonconforming use of any structure or land, excepting nonconforming

mobile homes or mobile home parks, has been discontinued for a period of six (6)

months, it shall not be reestablished or changed to any use not in conformity with

the provisions of this ordinance. Immediately upon the removal of a

nonconforming mobile home or discontinuance of a nonconforming mobile home

park the nonconformity of such structure and use of land shall lapse.

4. Any nonconforming building or nonconforming use, which is damaged by fire,

flood, wind, or other act of God or man, may be reconstructed and used as before,

if it be done within twelve (12) months of such damage, unless damaged to extent

of more than seventy-five (75) percent of its fair market value immediately prior

to damage, in which case any repair or reconstruction shall be in conformity with

the provisions of this ordinance. However, any nonconforming structure which is

located within the F-1 Floodway District or Floodway Fringe Area and had been

damaged due to the extent of fifty (50) percent of the market value of the structure

before the damage occurred, shall not be repaired or reconstructed except in

conformity with the flood damage prevention provisions of this ordinance.

5. A nonconforming building or building housing a nonconforming use shall not be

structurally altered except in conformance with the provisions of this ordinance.

These provisions shall not be construed to prevent normal maintenance and

repairs or alterations required for structural safety.

6. Exceptions to the above prescribed rules for nonconforming uses are as follows:

a. Industrial, commercial, or other business establishments in operation and

permitted to operate under zoning regulations or exceptions thereto, in

effect immediately preceding a change in zoning shall be allowed to

expand operations and construct additional facilities which involve an

actual continuance and expansion of the activities of the industry or

business which were permitted and being constructed prior to the change

in zoning, provided that there is a reasonable amount of space for such

expansion on the property owned by such industry or business situated

within the area which is affected by the change in zoning, so as to avoid

nuisances to adjoining landowners. No building permit or like permission

for construction, or landscaping shall be denied to an industry or business

seeking to expand and continue activities conducted by that industry or

business which were permitted prior to the change in zoning, so as to

avoid nuisances to adjoining landowners.

b. Industrial, commercial, or other business establishments in operation and

permitted to operate under zoning regulations or exceptions thereto

immediately preceding a change in zoning shall be allowed to destroy

present facilities and reconstruct new facilities necessary to the conduct of

such industry or business subsequent to the zoning change, provided that

no destruction and rebuilding shall occur which shall act to change the use

classification of land as classified under any zoning regulations and

exceptions thereto in effect immediately prior to or subsequent to a change

in the zoning of the land area on which such industry or business is

located. No building permit or like permission for demolition,

construction, or landscaping shall be denied to an industry or business

seeking to destroy and reconstruct facilities necessary to the continued

conduct of the activities of that industry or business where such conduct

was permitted prior to a change in zoning, provided that there is a

reasonable amount of space for such expansion on the property owned by

such industry or business situated within the area which is affected by the

change in zoning, so as to avoid nuisances to adjoining landowners.

c. The provisions of the preceding two (2) paragraphs shall apply only to

land owned and in use by such affected business, and shall not operate to

permit expansion of an existing industry or business through the

acquisition of additional land.

11-304. Only One Principal Building on Any Lot. Only one principal building and its

customary accessory building may be erected on any lot. This provision does not

prohibit group housing developments as permitted under Section 11-503 of this code.

11-305. Street Frontage. No building shall be erected on a lot which does not abut at

least one public street for at least sixty (60) feet, except that lots abutting cul-de-sacs may

be reduced to thirty (30) feet. Lots abutting private streets, as reviewed and permitted by

the planning commission in the C-4 Zoning District, shall have a minimum of sixty (60)

feet of street frontage, except that lots abutting cul-de-sacs may be reduced to thirty (30)

feet of street frontage. (amended by Ord. #99-12-14-1)

11-306. Rear Yard Abuts a Public Street. When the rear yard of a lot abuts a public

street, all structures built in that rear yard shall observe the same setback from the street

line, center line of the street or property line as required for adjacent properties which

front on that street.

11-307. Reductions in Lot Area Prohibited. No piece of land even though it may

consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot

area per family, lot width, building area, or other requirements of the zoning code are not

maintained. This section shall not apply when a portion of a lot is acquired for a public

purpose.

11-308. Obstruction to Vision at Street Intersection Prohibited. On a corner lot not

in the central business district, within the area formed by the center lines of the

intersecting or intercepting streets and a line joining points on such center lines at a

distance of thirty (30) feet from their intersection, there shall be no obstruction to vision

between the height of three and one-half (3-1/2) feet and ten (10) feet above the average

grade of each street at the center line thereof. The requirements of this section shall not

be construed to prohibit any necessary retaining wall.

11-309. Off-Street Automobile Parking. In all districts there shall be provided off-

street parking spaces at such time any building or structure is erected or enlarged or

increased in capacity. These requirements recognize that each development has unique

parking needs by providing a flexible approach to site design with respect to off-street

automobile parking. They also are aimed towards planning efficient parking areas and

reducing the amount of area needed for this activity. (amended by Ord. #5-8-9-2)

1. Required Density of Parking Spaces. The responsibility of parking density shall

be deferred to the developer and/or property owner. It is expected that adequate

parking will be provided according to the needs of the respective land use under

the following conditions:

a. Any land use for which a site plan is required, a parking plan shall be

submitted as part of the site plan review process.

b. Applicable standards of the Americans with Disabilities Act and the

Southern Standard Building Code shall be incorporated into parking lot

design.

c. Building permits issued after the passage of these regulations shall

recognize that there is no implied or future obligation by the City of

Kingston to provide on-street parking.

2. Requirements for Design of Parking Lots. The design of parking lots in the City

of Kingston shall be established consistent with the design requirements contained

in the Architectural Graphics Standards, Tenth Edition, published by John Wiley

& Sons, Inc., in existence at the time the parking lot is designed. The Kingston

Municipal Planning Commission shall have authority to review parking lot

designs to ensure the design is consistent with such standards. Stall depths and

driveway widths for parking angles other than those provided for in the

Architectural Graphics Standards shall be subject to approval by the Kingston

Municipal Planning Commission.

11-310. Motorized Farm and/or Construction Vehicles. The storage or parking of

motorized farm and construction vehicles, whether such vehicles are operational or not, is

hereby regulated:

1. Such a vehicle shall, when stored in non-industrial districts shall:

a. Be located in such a manner that it is not visible from the street;

b. Be required and used by its owner in his primary or secondary occupation.

2. No more than two (2) such vehicles shall be stored on any single residential

district lot.

11-311. Access Control. In order to promote the safety of the motorist and pedestrian

and to minimize traffic congestion and property damage by reducing the points of

conflict, the following regulations shall apply:

1. A point of access for vehicles onto a street shall not exceed thirty (30) feet in

width.

2. There shall be no more than two (2) points of access to any one (1) public street

for each four hundred (400) feet of lot frontage, or fraction thereof; provided,

however, that lots less than one hundred (100) feet in width shall have no more

than one (1) point of access to any one (1) public street.

3. Where two (2) driveways are provided for one (1) lot frontage, the clear distance

between driveways shall not be less than twenty-five (25) feet.

4. No point of access shall be allowed within twenty (20) feet of the right-of-way

line of any public intersection.

5. No curbs on city streets or rights-of-way shall be cut or altered without written

approval of the street department, or if a state highway, a permit must be obtained

from the Tennessee Department of Highway.

11-312. Off-Street Loading and Unloading Space Required. Every building or

structure hereafter constructed and used for industry, business, or trade involving the

receipt 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, in square

feet, for each principal building

Spaces required

(See Section 11-203)

0 to 5,000 square feet

5,000 to 10,000 square feet

10,000 to 15,000 square feet

15,000 to 20,000 square feet

Over 20,000 square feet

Four (4) spaces plus

one (1) space for each

additional 20,000 sf.

11-313. Maximum Building Height. No structure shall be erected which exceeds three

(3) stories or fifty (50) feet in height except as provided by Section 11-506.

11-314. Annexations. All territory which may hereafter be annexed into the City of

Kingston, Tennessee, shall be considered to be in the R-1 Residential District until

otherwise classified pursuant to Chapter 10 of this ordinance.

CHAPTER 4

ZONING DISTRICTS

11-401. Classification of Districts

11-402. Boundaries of Districts

11-403. R-1, Residential District

11-404. R-2, Residential District

11-405. R-3, Residential District

11-406. O-1, Office District

11-407. C-1, General Business District

11-408. C-2, Highway Business District

11-409. C-3, Local Business District

11-410. C-4, Controlled Commercial District

11-411. M-1, Light Industrial District

11-412. M-2, Heavy Industrial District

11-413. F-1, Floodway District (removed)

11-414. H-1, Historical District

11-401. Classification of Districts. For the purposes of this ordinance, the City of

Kingston, Tennessee, is hereby divided into the following zoning districts:

R-1, Residential District

R-2, Residential District

R-3, Residential District

O-1, Office District

C-1, General Business District

C-2, Highway Business District

C-3, Local Business District

C-4, Controlled Commercial District

M-1, Light Industrial District

M-2, Heavy Industrial District

F-1, Floodway District

H-1, Historical District

11-402. Boundaries of Districts. The following procedure shall be used for

determining district boundaries:

1. The boundaries of these districts are hereby established as shown on the map

entitled Zoning Map of Kingston, Tennessee, dated August 2006, which is part of

the zoning code, and which is on file in the office of the City Clerk and the City

Building Official. (amended by Ord. #6-9-12-1)

2. Unless otherwise indicated on the zoning map, the boundaries are lot lines, the

center of streets or alleys, or the corporate limit lines as they exist at the time of

the enactment of the zoning code. Questions concerning the exact locations of

district boundaries shall be determined by the Board of Zoning Appeals.

3. Special overlay districts, such as the H-1, Historical District shall be

distinguishable on the zoning map from other districts. (amended by Ord. #6-9-

12-1)

4. Where a district boundary divides a lot existing at the time the zoning code 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 fifty (50) feet within the more restricted district.

11-403. R-1, Residential District. Within the R-1, Residential District, as shown on the

Zoning Map of Kingston, Tennessee, the following regulations plus the other applicable

provisions of this zoning code shall apply:

1. Permitted Uses and Structures.

a. Single-family dwellings.

b. Institutions (including churches, schools offering general education

courses, and public libraries).

c. Horticulture, including forestry, not involving advertising, display, or

public sale of products on the premises.

d. Accessory buildings or uses customarily incidental to any aforementioned

uses.

e. Single real estate signs advertising the sale, rental, or lease of only the

premises on which they are maintained, provided that they are not over

four (4) square feet in area, and at least six (6) feet from all lot lines and

street rights-of-way. Nameplates and single signs identifying home

ownership or address, and on-premise customary home occupations,

provided the requirements of Section 11-604 (2) are met.

2. Uses and Structures Permitted on Review by the board of Zoning Appeals.

a. Municipal, county, state, or federal uses, except general office buildings;

public utilities, except storage and warehousing areas, cemeteries;

agricultural uses; hospitals for human care; philanthropic institutions and

clubs, except a club the chief activity of which is customarily carried out

as a business; public parks; golf courses; provided, however, that no

permit shall be issued except with the written approval of the Board of

Zoning Appeals and subject to conditions as the Board of Zoning Appeals

may require in order to preserve and protect the character of the district in

which the proposed use is located.

b. Customary home occupations, provided the conditions in Section 11-603

are complied with.

3. Prohibited Uses and Structures.

a. Any other use not specifically permitted or permissible on review in this

R-1, Residential District.

b. Advertising signs and billboards except those specifically permitted under

Section 11-403 (1)(e) of this code.

4. Area Regulations. The principal building shall be located so as to comply with

the following requirements:

a. Minimum lot area for single-family dwelling units served by public water

and sewer systems: 7,500 square feet.

b. Minimum lot area for single-family dwelling units where lot is not served

with public water: 20,000 square feet.

c. Minimum lot width at building setback line: 75 feet.

d. Minimum depth of front yards: 30 feet.

e. Minimum depth of rear yards: 20 feet.

f. Minimum width of side yards:

• 1-story building…10 feet each side

• 2-story building…15 feet each side

• 3-story building…20 feet each side

g. Maximum percentage of lot area which may be occupied by structures: 40

percent.

5. Site Development Standards for Required Yards. The required yards of all uses

shall be made fertile; planted with grass, shrubs, and/or trees or otherwise

landscaped; and maintained in good order.

6. Parking, Storage, and Use of Automobile, Major Recreational Equipment, or

Trucks. Off-street automobile parking space as required in Section 11-309 of this

code shall be provided.

No vehicle or trailer of any kind or type (except mobile homes conforming to

Section 11-606 of this code), without current license plates, shall be parked or

stored on any lot other than in a completely enclosed building.

No major recreational equipment (including boats and boat trailers, travel trailers,

partial travel trailer units, and the like), shall be used for living, sleeping, or

housekeeping purposes when parked or stored on a residential lot, or in any

location not approved for such use.

No truck or a rated capacity of greater than three-fourths (3/4) ton nor any heavy

equipment may be parked on any lot or in the public right-of-way adjacent to any

lot overnight nor stored or parked while loading or unloading for periods in

excess of twenty-four (24) hours except in an enclosed building and as regulated

in Section 11-310.

7. Location of Accessory Buildings.

a. No accessory building shall be erected in any required front or side yard.

Accessory buildings shall not cover more than thirty (30) percent of any

required rear yard, and shall be at least five (5) feet from all lot lines and

from any other building on the same lot.

b. Accessory buildings on corner lots shall conform with front yard setbacks

for both intersecting streets.

11-404. R-2, Residential District. Within the R-2, Residential District, as shown on the

Zoning Map of Kingston, Tennessee, the following regulations and plus the other

applicable provisions of the zoning code shall apply:

1. Permitted Uses and Structures.

a. Single-family and multiple-family dwellings.

b. Institutions (including churches, schools offering general education

courses, and public libraries).

c. Horticulture, including forestry, not involving advertising, display, or

public sale of products on the premises.

d. Accessory buildings or uses customarily incidental to any aforementioned

uses.

e. Single real estate signs advertising the sale, rental, or lease of only the

premises on which they are maintained, provided that they are not over

four (4) square feet in area, and at least six (6) feet from all lot lines and

street rights-of-way. Nameplates and single signs identifying home

ownership or address, on-premise customary home occupations, mobile

home parks, and apartment buildings provided the requirements of Section

11-604 (2) are met.

2. Uses and Structures Permitted on Review by the Board of Zoning Appeals.

a. Municipal, county, state, or federal uses, except general office buildings;

public utilities, except storage and warehousing areas; mobile home parks;

clinics and professional offices for human care; hospitals for human care;

cemeteries; agricultural uses; philanthropic institutions and clubs; except a

club the chief activity of which is customarily carried out as a business;

public parks; golf courses; provided, however, that no permit shall be

issued except with the written approval of the Board of Zoning Appeals

and subject to such conditions as the Board of Zoning Appeals may

require in order to preserve and protect the character of the district in

which the proposed use is located.

b. Customary home occupations, provided the conditions in Section 11-603

are met.

3. Prohibited Uses and Structures.

a. Any other use not specifically permitted or permissible on review in this

R-2, Residential District.

b. Advertising signs and billboards except those specifically permitted under

Section 11-403 (1)(e) of this code.

4. Area Regulations. The principal building shall be located so as to comply with the

following regulations:

a. Minimum lot area where lot is served with public water and sewer

systems: 7,500 sq. ft.

b. Minimum lot area per dwelling unit for two-unit structures and multi-

family structures or any combination thereof which is served with public

water and sewer:

• 6,000 sq. ft. -------- first family

• 6,000 sq. ft. -------- second family

• 3,000 sq. ft. -------- each additional family over two

c. Minimum lot area for single-family dwelling unit(s) where lot is not

served with public sewer: 15,000 sq. ft.

d. Minimum lot width at building setback line: 50 ft.

e. Minimum depth of front yards: 25 ft.

f. Minimum depth of rear yards: 15 ft.

g. Minimum width of side yards:

• 1-story building…8 feet

• 2-story building…10 feet

• 3-story building…15 feet

h. Maximum percentage of lot area which may be occupied by structures: 50

percent.

5. Site Development Standards for Required Yards. The required yards of all uses

shall be made fertile; planted with grass, shrubs, and/or trees or otherwise

landscaped; and maintained in good order.

6. Parking, Storage, and Use of Automobiles, Major Recreational Equipment, or

Trucks. Off-street passenger automobile parking space as required in Section 11-

309 of this code shall be provided.

No vehicle or trailer of any kind or type, without current license plates, shall be

parked or stored on any lot other than in a completely enclosed building.

No major recreational equipment (including boats and boat trailers, travel trailers,

partial travel trailer units, and the like), shall be used for living, sleeping, or

housekeeping purposes when parked or stored on a residential lot, or in any

location not approved for such use.

No truck or a rated capacity of greater than three-fourths (3/4) ton nor any heavy

equipment may be parked on any lot or in the public right-of-way adjacent to any

lot overnight nor stored or parked while loading or unloading for periods in

excess of twenty-four (24) hours except in an enclosed building and as regulated

in Section 11-310.

7. Location of Accessory Buildings.

a. No accessory building shall be erected in any required from or side yard.

Accessory buildings shall not cover more than thirty (30) percent of any

required rear yard, and shall be at least five (5) feet from all lot lines and

from any other building or corner lots shall conform with front yard

setbacks for both intersection streets.

11-405. R-3, Residential District. The R-3 District is created to provide areas for

individually sited mobile homes, mobile home parks, and mobile home subdivisions.

1. Threshold Requirements for R-3 Districts.

a. Rezoning. All petitions for R-3 Residential District zoning shall affect at

least two (2) acres of land, or be adjacent to an existing R-3 District.

b. Public Utilities Required. All R-3 Districts shall be served with public

water and wastewater facilities or facilities approved by the Health

Department.

2. Permitted Uses and Structures.

a. General Uses. All uses and structures permitted or permitted on review in

the R-2 District.

b. Special Uses. Individually sited mobile homes and mobile home parks

and subdivisions.

3. Development and Use Standards and Regulations.

a. Individually Sited Mobile Homes. Units shall be at least ten (10) feet

from any property line.

b. Mobile Home Parks and Subdivisions. Units located in mobile home

parks and subdivisions shall meet the requirements of 11-607.

c. Other Structures and Uses. Other structures and uses shall comply with

the regulations applicable within the R-2 District.

11-406. O-1, Office District. Within the O-1, Office District as shown on the Zoning

Map of Kingston, Tennessee, the following regulations plus other appropriate provisions

of this zoning code shall apply:

1. Permitted Uses and Structures.

a. Professional and business offices which do not maintain as a principal

activity on-premise retail sales.

b. Hospitals, clinics, etc.

c. Undertaking and funeral establishments.

d. Cultural activities including museums, galleries, libraries, and

auditoriums.

e. Child care facilities, public and private schools and colleges. (amended by

Ord. #98-4-14-1)

f. Government buildings and facilities.

g. Offices of civic and non-profit organizations.

h. Private clubs and lodges.

i. Public and private parks, open spaces, and recreational facilities.

j. Accessory and customary structures and uses incidental to permitted uses.

k. Advertising and signs as regulated in Section 11-604.

2. Prohibited Uses and Structures. Any use not specifically permitted or permissible on

review in this O-1 Office District.

3. Area Regulations. The principal building shall be located so as to comply with the

following requirements:

a. Minimum depth of front yard: 35 ft.

b. Minimum depth of rear yard: 20 ft.

c. Minimum width of side yard:

• 1-story building…10 feet each

• 2-story building…15 feet each

• 3-story building…20 feet each

d. Minimum width at building setback line: 50 feet.

4. Site Development Standards for Required Yards. The required yards of all uses shall

be made fertile; planted with grass, shrubs, and/or trees or otherwise landscaped; and

maintained in good order.

11-407. C-1, General Business District. Within the C-1, General Business District as

shown on the Zoning Map of Kingston, Tennessee, the following regulations plus other

appropriate provisions of this zoning code shall apply:

1. Permitted Uses and Structures.

a. All uses permitted or permitted on review in the O-1, Office District.

b. Retail trade - including but not limited to: food and drink, general

merchandise, apparel and accessories, furniture and home furnishing and

equipment.

c. Retail trade - drug and proprietary, antiques, books and stationary,

sporting goods, farm and garden supplies, jewelry, florists, and optical and

photographic supplies.

d. Finance, insurance, and real estate services.

e. Business services.

f. Personal services - laundering and dry cleaning and beauty and barber

services.

g. Repair services, including automotive and automotive related services,

provided, however, that all major repairs, automotive or otherwise,

including but not limited to major overhauls, body and fender work,

painting (except for minor touch-ups using standard touch-up size paint

containers), upholstering and welding shall be conducted within an

enclosed building and provided that no outdoor storage of automobile

parts or similar materials, or outdoor storage of more than three (3)

wrecked or temporarily inoperable motor vehicles awaiting repairs shall

be permitted.

h. Professional services.

i. Governmental services not including correctional institutions and military

reservations.

j. Entertainment assembly not including drive-in movies.

k. Cultural activities.

l. Residential hotels and transient lodgings provided that the requirements of

11-309 (1)(d) are met.

m. Religious activities and welfare and charitable services.

n. Railroad transportation.

2. Uses and Structures Permitted on Review by the Board of Zoning Appeals.

a. Any use which, in the opinion of the Board of Zoning Appeals, is of the

same general character of the above permitted uses and subject to such

conditions and safeguards as the BZA may specify to preserve the

character of the district.

3. Area Regulations. Buildings shall be located so as to comply with the following

requirements:

a. Minimum depth of front yard: 10 feet.

b. Minimum depth of rear yard: 20 feet.

c. Minimum width of side yards: 5 feet.

However, commercial buildings may be built next to a common lot line by a common

consent, if the lot line walls have a fire resistance rating equal to that required for Fire

Districts by the Southern Standard Building Code. Evidence of common consent

must be filed in writing with the building inspector upon application for a building

permit.

11-408. C-2, Highway Business District. The purpose of this district is to provide for

highway-oriented commercial uses. Within the C-2, Highway Business District, as

shown on the Zoning Map of Kingston, Tennessee, the following regulations plus other

appropriate provisions of this zoning code shall apply.

1. Permitted Uses and Structures.

a. All uses permitted or permitted on review in the C-1, General Business

District.

b. Wholesale trade.

c. Retail trade such as building materials, hardware, farm equipment, fuel

and ice, automotive, marine craft, aircraft and accessories.

d. Repair services - automobile repair and service.

e. Contract construction services.

f. Educational services.

g. Amusements and recreational activities.

h. Light manufacturing activities, provided that all activities excluding

loading and unloading occur within the confines of an enclosed building

and provided that no outdoor storage of finished or other materials is

permitted.

i. Utilities not including sewage disposal and solid waste disposal.

j. Motor vehicle transportation.

k. Animal husbandry services, provided that all animals are maintained

within a closed, air conditioned structure.

l. Signs and billboards subject to the provisions of Section 11-604.

m. Any use or structure customarily incidental to the above permitted uses.

2. Uses and Structures Permitted on Review by the Board of Zoning Appeals. Any use

which, in the opinion of the BZA, is of the same general character of the above

permitted uses and subject to such conditions and safeguards as the BZA may specify

to preserve the character of the district.

3. Area Regulations.

a. Minimum lot width at building line: 50 feet.

b. Minimum depth of front yard: 30 feet.

c. Minimum width of side yards:

• 1-story building…10 feet each

• 2-story building…15 feet each

• 3-story building…20 feet each

11-409. C-3, Local Business District. The purpose of this district is to provide for

neighborhood shopping and service areas convenient to residential neighborhoods.

Within the C-3, Local Business District, as shown on the Zoning Map of Kingston,

Tennessee, the following regulations plus other appropriate provisions of this zoning

code shall apply:

1. Permitted Uses and Structures.

a. Grocery stores, drug stores, barber and beauty shops, laundry and dry

cleaning pick-up stations, doctors and dentist offices, established for the

convenience of the neighborhood.

2. Uses and Structures Permitted on Review by the Board of Zoning Appeals. Any

use which, in the opinion of the Board of Zoning Appeals, is of the same general

character of the above permitted uses, and subject to such conditions and

safeguards as the Board of Zoning Appeals may specify to preserve the character

of the area.

3. Prohibited Uses and Structures.

a. Manufacturing uses or any commercial or other use not specifically

permitted or permissible on review by the Board of Zoning Appeals.

4. Area Regulations.

a. Minimum lot width at building line: 50 feet.

b. Minimum depth of front yard: 35 feet.

c. Minimum width of rear yard: 20 feet.

d. Minimum width of side yards:

• 1-story building…10 feet each

• 2-story building…15 feet each

• 3-story building…20 feet each

11-410. C-4, Controlled Commercial District. It is the intent of these regulations to

promote a superior level of convenience, comfort, and amenity within the district; to

encourage safe and pleasant pedestrian circulation, including access to adjoining districts;

and to assure beneficial visual relationships within the districts, with adjoining districts,

and from principal viewpoints, and:

To provide for the orderly development of commercial activities so that any adverse

impact on surrounding uses and on the general flow of traffic can be ameliorated;

To encourage an orderly and systematic development design providing the rational

placement of activities, parking and auto circulation, pedestrian circulation, access and

egress, loading, and landscaping;

To encourage commercial development which is consistent with the long-range,

comprehensive, general plan;

To encourage general commercial activities to locate in areas that have access to a major

street system.

1. Market Analysis for General Commercial Park Development. The Board of

Zoning Appeals and/or planning commission may require a market analysis. The

market analysis will be utilized, among other things, to determine the impact of

the commercial land use, the timing of any proposed development upon lands

used or zoned for commercial purposes, to form a basis for evaluating the

estimated effects on traffic, and other purposes which assist in an understanding

of the public interest pertinent in the evaluation of a proposed development. The

market analysis, if required, shall be provided by the landowner; and the

landowner shall provide any other economic data or analysis as may be

reasonably requested by the Board of Zoning Appeals and/or planning

commission.

2. Permitted Uses and Structures. The following uses may be permitted as a part of

a development only when such uses are deemed appropriate by the Board of

Zoning Appeals and/or planning commission as being compatible with each other

and surrounding uses, the specific purpose and intent for use of lots on a recorded

plat within a C-4 zone may not be changed without the prior written approval of

the planning commission. (amended by Ord. #02-3-12-2)

a. Amusement and recreational enterprises.

b. Clubs and lodges.

c. Commercial or trade schools, other than those of an industrial character.

d. Eating establishments but excluding drive-in establishments where

persons are served in automobiles.

e. Financial institutions, including banks, savings and loan institutions,

brokerage and investment companies, and the like.

f. Hotels and motels.

g. Marinas, cruise piers, and the like, with facilities for fueling and minor

servicing, but not including major repair or construction facilities.

h. Multi-family dwellings; attached dwellings; detached single family

dwellings. (amended by Ord. #02-3-12-2)

i. Offices, including studios, clinics, and laboratories.

j. Retail establishments, except service stations; new or used automotive,

trailer, mobile home, or motorcycle sales and service; or establishments

dealing primarily with secondhand merchandise other than antiques.

k. Service establishments, including personal repair and other minor repair

services other than repair services for automotive and heavy equipment.

l. Structures and uses required for the operation of a public utility or

performance of a governmental function, except uses involving storage as

a primary purpose.

m. Other uses of the same general character as those above, provided that,

except for parking lots, outdoor restaurant plazas, marinas, cruise piers,

and the like, and areas approved by city council in general plans or by use

permit action, all commercial, office or service activities shall be

conducted within fully enclosed buildings and that there shall be no

unenclosed storage or display or merchandise or unenclosed storage of

trash or other materials.

3. Permitted Accessory Uses and Structures. Uses and structures which are

customarily accessory and clearly incidental to permitted principal uses and

structures shall be permitted in this district, subject to the general restrictions on

permitted principal uses and structures.

4. Area and Open Space Requirements. The intensity, building height, and yard

requirements for the district shall be as follows:

a. The following floor area ratios shall be applied in the Controlled

Commercial District (building footprint is 50 percent of yard area):

• 1-story structures --- .50 FAR

• 2-story structures --- 1.00 FAR

• 3-story structures --- 1.50 FAR

• 4-story structures --- 2.00 FAR. (amended by 17-04-11-1)

b. Pedestrian open space shall be provided in an amount equal to at least ten

(10) percent of net lot area. Where property immediately abuts or adjoins

the river, the pedestrian system shall include a waterfront walkway at least

twelve (12) feet in width.

c. The commercial development shall have the following minimum distance

from the site boundary to the nearest building line within the development

of sixty (60) feet, when the district abuts a residential area without an

intervening public street.

d. Yards:

i. Front yards: all buildings used exclusively for residential purposes

shall be set back from the front property line to provide a front yard of

not less than ten (10) feet. All buildings used for non-residential uses

shall be set back from the front property line to provide a front yard of

not less than twenty-five (25) feet. (amended by Ord. 17-04-11-1)

ii. Side yards: specific side yards are not required.

iii. Rear yards: Specific rear yards are not required.

e. Spacing between buildings: Buildings divided into separate units located

on one lot or adjoining lots may be constructed with common walls

between units subject to all appropriate building codes. All free standing

buildings located on one lot shall be constructed no closer than twenty

(20) feet to each other. (amended by Ord. 17-04-11-1)

f. (deleted by Ord. 17-04-11-1)

5. Landscaping Requirements.

a. Yards: all yards shall be landscaped. Such landscaping shall at all times

be maintained in a manner satisfactory to the Board of Zoning Appeals.

b. Yards not maintained may be maintained by the city, with all costs for

such maintenance being assessed to the property.

6. Required Off-Street Parking, Loading, and Vehicular Access Locations.

The following regulations shall apply to the district:

a. Required Off-Street Parking and Loading.

i. Parking areas shall be so laid out as to provide systematic and

orderly circulation, traffic separation devices, and parking stalls in

accordance with good traffic engineering practice and planning

practices.

ii. Required parking spaces shall be available for the parking of an

operable passenger automobile of customers, patrons, and

employees only and shall not be rented, leased, or assigned to any

other person or organization. No parking of trucks or other

equipment on wheels or tracks or the conduct of any business

activity shall be permitted on the required parking spaces.

iii. Ingress and egress to required parking area may be through the

required front yard.

b. Loading Regulations. Loading berths may be located in the required rear

yard or side yard and must be directly accessible to main structures.

Loading berths not so located will be considered as fulfilling the

requirements of this section if evidence is presented to show that loading

activities can take place without moving materials on sidewalk or street

area, and in no case for a distance in excess of three hundred (300) feet.

c. Vehicular Access Locations. Vehicular access locations shall be provided

so that vehicles entering or departing the commercial development site

shall do so only at such locations. Elsewhere along the property lines of

said commercial development site a physical separations between the said

site and public rights-of-way shall be provided. A vehicular access

location shall consist of such entrance and exit driveway openings so

designed and located so as to minimize hazardous vehicular turning

movements and traffic congestion. Such design and location shall be

subject to the approval of the planning commission and Tennessee

Department of Transportation.

d. Private Streets. The planning commission may review and permit private

streets within the C-4, Controlled Commercial District. Private streets

must meet the required improvements and minimum standards of design

as required in the Kingston Subdivision Regulations. Deviation from the

subdivision regulations will be permitted for topographic reasons only.

(amended by Ord. #99-12-14-1)

7. Utilities.

a. All utility transformers servicing each use shall be located at ground level

and shall be screened.

b. Utility transmission lines serving individual uses shall be placed

underground.

8. Administration.

a. Prior to any building permits being issued, a development plan must be

submitted to the planning commission. The development plan must

include the following:

i. The existing topographic character of the land.

ii. The location of major thoroughfares.

iii. A map showing street systems, plot lines, and plot designs.

iv. An off-street parking and loading plan.

v. A circulation diagram indicating the proposed movement of

vehicles, goods, and pedestrians within the park.

vi. A landscaping plan.

b. Application; Plan Review and Approval. The above plan requirements

will be used to indicate that relationship of the proposed development to

surrounding or otherwise affected property in terms of locations, amount,

character, and continuity of open space; protection of desirable principal

views; convenience of access through and between buildings or in other

locations where appropriate for public purposes and where such access

will reduce pedestrian and vehicular traffic; signs; lighting; and such other

matters as are appropriate to determinations in the circumstances of the

case. After due consideration, the commission shall transmit its

recommendations and the application to city council for its approval.

No such permit shall be issued without such approval. Approval may be

granted for the plans as submitted, or conditionally, subject to stated

modifications, or may be denied, with written reasons for the denial

supplied to the applicant.

Public hearings may be held in connection with such plan review process,

with such public or other notice as is deemed appropriate, but shall not be

required.

Determinations on such applications shall be based on compliance with

the intent of the District Plan and other officially adopted plans or

ordinances of the city in accordance therewith, and in particular shall

involve consideration of the intent of the district, and the necessity for

variations in the circumstances of the particular case.

If after review of the proposed development plan by the planning

commission, the applicant feels he has been grieved, he may appeal the

decision of the planning commission to the Board of Zoning Appeals.

c. District Development Plan and Site Plans.

i. The planning commission shall prepare or have prepared a general

development plan for each Controlled Commercial District. Such

a plan shall be presented for public review and comment thereafter

presented to the city council for adoption by resolution. The plan

shall include at least the following elements:

• An architectural theme or motif for the district.

• Suggested conditions for development, based upon social,

economic, physical, environmental, and location

considerations.

ii. The plan shall be prepared in consultation with the planning staff

and the property owners within and adjacent to the district.

iii. The owners or developers of any site within the district who

proposes a development which is not an integral part of the

development plan shall not be issued a building permit until such

time that a site development plan has been reviewed by the

planning commission and approved by the Board of Zoning

Appeals.

11-411. M-1, Light Industrial District. This district is established to provide areas for

manufacturing, warehousing, and similar light industrial uses. Within the M-1, Light

Industrial District, as shown on the Zoning Map of Kingston, Tennessee. The following

regulations plus other appropriate provisions of this zoning code shall apply:

1. Permitted Uses and Structures.

a. All uses permitted or permitted on review in the C-2, Highway Business

District.

b. Transportation activities, including but not limited to railroad, motor

vehicle, marine, and aircraft.

c. Utilities and communications activities.

d. Wholesale trade.

e. Retail trade - building materials, hardware, and farm equipment.

f. Warehousing and storage services.

g. Correctional institutions.

h. Agricultural processing.

i. Food and kindred products manufacturing not including meat products

manufacturing.

j. Printing, publishing, and allied industries.

k. Professional, scientific, and controlling instruments.

l. Small article manufacturing - jewelry; musical instruments; and motion

picture production.

m. Signs and billboards subject to the provisions of Section 11-604.

n. Any use or structure customarily incidental to the above uses.

2. Prohibited Uses and Structures. Any use or structure not specifically permitted or

permitted on review by the Board of Zoning Appeals is prohibited.

3. Area Regulations. All buildings and structures shall be located so as to comply

with the following minimum requirements:

a. Minimum depth of front yard: 40 feet.

b. Minimum depth of rear yard: 20 feet.

c. Minimum width of side yard:

• 1-story building…10 feet each side

• 2-story building…15 feet each side

• 3-story building…20 feet each side

d. There shall be no required minimum lot area for industrial districts except

as should be needed to satisfy the above space requirements and

requirements pertaining to off-street parking and loading, respectively.

4. Environmental Regulations. The applicant for a building permit in the M-1, Light

Industrial District must present, as a part of the application, documentation

demonstrating that the proposed industry will not represent a hazard to the

community safety, health, welfare, or amenity. This includes, but is not limited

to, the following:

a. Documentation that a proposed use will be served by adequate water and

wastewater facilities approved by the Roane County Health Department,

the appropriate utility, and if appropriate, the Tennessee Department of

Public Health.

b. Documentation that approved means are available for the disposal of all

solid waste.

c. Documentation that proposed industrial activities will comply with all

applicable federal, state, and local environmental protection laws and/or

regulations.

No permit shall be issued for the construction of any building or for any use

which the zoning officer believes may have the potential to be obnoxious or

offensive by reason of emission of odor, dust, smoke, gas, noise, vibration,

congestion, and the like, and those uses deemed dangerous due to hazards from

potential explosions, threat of fire, or poisonous fumes, until the plans for such

construction or use shall be submitted to the Board of Zoning Appeals under the

provisions of Section 11-804. The board may make its approval subject to such

conditions and safeguards as may be required by said board to protect the public

health, safety, and welfare, and to carry out the intent of this ordinance.

Additional environmental standards are provided in Section 11-610.

11-412. M-2, Heavy Industrial District. This industrial district is provided for heavy

manufacturing uses and processes. Within the M-2, Heavy Industrial District, as shown

on the Zoning Map of Kingston, Tennessee, the following regulations plus other

appropriate provisions of this zoning code shall apply:

1. Permitted Uses and Structures.

a. All uses permitted in the M-1, Light Industrial District.

b. Meat products manufacturing.

c. Paper and allied products manufacturing.

d. Chemicals and allied products manufacturing.

e. Petroleum refining and related services.

f. Primary metal industries.

g. Mining activities and related services.

h. Any use of structure customarily incidental to the above uses.

i. Textile mill products manufacturing.

j. Apparel and other finished products manufacturing made from fabrics and

other similar materials.

k. Lumber and wood products manufacturing.

l. Furniture and fixtures manufacturing.

m. Rubber and miscellaneous plastics products manufacturing.

n. Stone, clay, and glass products manufacturing.

o. Fabricated metal products manufacturing not including ordnance and

accessories.

p. Professional, scientific, and controlling instruments manufacturing.

2. Prohibited Uses and Structures. Any use or structure not specifically permitted is

prohibited.

3. Area Regulations. All buildings, structures, and principal operations shall be

located so as to comply with the following minimum requirements:

a. Minimum depth of front yard: 50 feet.

b. Minimum depth of rear yard: 25 feet.

c. Minimum width of side yards:

• 1-story building…20 feet each side

• 2-story building…25 feet each side

• 3-story building…30 feet each side

4. Environmental Regulation. The applicant for a building permit in the M-2, Heavy