ORDINANCE 10-154
AN ORDINANCE TO ADD CERTAIN PROVISIONS REGARDING OUTDOOR VENDING MACHINES IN ARTICLE IX, SECTION 3 OF THE ZONING ORDINANCE; PROVIDING AN EFFECTIVE DATE

WHEREAS, The City does not currently regulate outdoor vending, although several outdoor vending machines currently exist at various locations in Lakeland; and,

WHEREAS, Without an ordinance in place specifically allowing such vending, the City has not permitted new outdoor vending machines; and,

WHEREAS, The City understands that outdoor vending offers a convenience to residents and customers and that it is appropriate to allow outdoor vending machines with strict standards to maintain an attractive appearance and promote a safe environment; and,

WHEREAS, The Municipal Planning Commission reviewed the proposed ordinance at its meeting on September 20, 2010 and unanimously recommended approval of the proposed standards for outdoor vending machines.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND TENNESSEE THAT:

Section 1. The City of Lakeland Zoning Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect immediately after its final passage, the public welfare requiring it.

First Reading: October 07, 2010.

Public Hearing: October 26, 2010.

Final Reading: November 04, 2010.



Scott Carmichael, Mayor

ATTEST:



Sontidra L. Thomas, CMC
City Recorder


Exhibit “A”

Note: Proposed text additions are underlined below.

B. Specific Standards – Accessory structures shall be constructed in accordance with the following regulations:

1. Number Allowed – A maximum of two (2) accessory structures may be constructed.

2. Residential Accessory Structure – All accessory structures placed on parcels zoned in a residential classification shall be placed a minimum of ten (10) feet from the rear property line. All accessory structures shall be placed the minimum prescribed side yard setback requirement of the residential zoning district in which the parcel is located; provided, however, that under no circumstance shall an accessory structure be located closer than five (5) feet from a side property line. Accessory structures placed five (5) feet from the side property line shall not exceed a height of ten (10) feet; provided, however, that for every one (1) foot of additional setback from five (5) feet off the side property line the accessory structure is placed, the height may be increased one (1) foot or portion thereof not to exceed a maximum height of fifteen (15) feet. The maximum height of an accessory structure in a residential district shall be fifteen (15) feet. The materials, color and texture of the accessory structure shall match the principal structure or dwelling.

3. Non-Residential Accessory Structure – All accessory structures placed on parcels zoned in a non-residential classification shall be placed at the minimum setback requirement for all structures within the applicable zoning classification. The accessory structure shall not exceed a maximum height of fifteen (15) feet; provided, however, the height of an accessory structure may be increased one (1) foot for each additional one (1) foot increase in setback from the minimum setback requirement not to exceed a maximum height of twenty-five (25) feet.

4. Accessory Structures Placed on Double-front or Reverse-front Parcels –
Accessory structures placed on double-front or reverse-frontage parcels shall be placed a minimum of ten (10) feet from all property lines and shall not exceed a height of ten (10) feet.

5. Roof Pitch – The roof pitch of an accessory structure shall not be greater than the roof pitch of the principle structure. In the case of principle structures with flat roofs, the accessory structure shall be designed to provide a sloped roof.

6. Structures for Livestock – When an accessory structure houses livestock, it shall be located on a parcel that is no less than two (2) acres in size and shall be located no closer to the property line than thirty (30) feet. Structures for livestock shall not exceed a maximum height of twenty-five (25) feet.

7. Accessory Structures Prohibited in Front Yards – No accessory structure shall be placed within the font yard of any parcel of land.

8. Accessory Structure as Principal Structure – Accessory structures shall not be the principal structure located on a parcel. Accessory structures will be accessory to the principal use and structure located on a parcel.

9. Outdoor vending machine – An outdoor vending machine is defined as any self contained or connected appliance, machine, and/or storage container located outside a structure that dispenses or provides storage of a product or service. Outdoor vending includes, but is not limited to, movie vending, ice machines, soda machines, and propane displays.

The following standards apply to outdoor vending machines:

A. Outdoor vending machines shall be permitted as an accessory use in C-1 and C-2 Zoning Districts for the following:
i. Single occupant buildings with more than 10,000 square feet of gross floor area.
ii. Individual tenants in a multi-tenant building that have at least 100 feet of store front and 10,000 square feet of gross floor area.

B. Outdoor vending machines shall be flush against the facade of the principal structure.

C. Outdoor vending machines shall be placed on an impervious surface such as concrete or asphalt.

D. The linear width of all outdoor vending machines for a single occupant building or tenant within a multi-tenant building shall not exceed 10% of the total façade width of the single occupant building or tenant space for multi-tenant buildings.

E. No vending machine shall be placed in a location so as to impede pedestrian access, block parking areas, or create an unsafe condition. Businesses shall maintain at least four (4) feet of clear pedestrian access at all times.


F. Outdoor vending machines shall not be placed in direct view of directly adjacent residential structures.

G. The property on which the vending machine is located shall remain in compliance with Americans with Disabilities Act (ADA) standards at all times