Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, May 24, 2023, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Determination of a quorum 3. Approval of minutes: April 26, 2023 4. New Business: Variance a. Application Z-23-009 by Elijah Montgomery, requesting two variances from the Zoning Ordinance, Chart 2 from the required 35-foot front setback to 25 feet and from the required 25 rear setback to 21 feet in order to construct a single-family home on an approximately 5,487 square foot lot zoned RM- 16 located along West Street. (Project Planner: Joel Aguilera). b. Application Z-23-010 by Elijah Montgomery, requesting two variances from the Zoning Ordinance, Chart 2 from the required 35-foot front setback to 25 feet and from the required 25 rear setback to 21 feet in order to construct a single-family home on an approximately 5,481 square foot lot zoned RM- 16 located at 701 East Street. (Project Planner: Joel Aguilera). Special Use Permit c. Application Z-23-012 by Joey Rouse of TNT Fireworks, requesting a special use permit to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in the parking lot of an existing shopping center, zoned Commercial Highway (CH) located at 2946 South Church Street. (Project Planner: Brad Barbee). d. Application Z-23-013 by Joey Rouse of TNT Fireworks, requesting a special use permit to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in the parking lot of an existing shopping center, zoned Commercial Highway (CH) located at 2449 Old Fort Parkway. (Project Planner: Brad Barbee).  e. Application Z-23-011 by Joey Rouse of TNT Fireworks, requesting a special use permit to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in the parking lot of an existing shopping center, on a Commercial Highway (CH) zone located at 2325 Memorial Blvd. (Project Planner: Joel Aguilera). f. Application Z-23-017 by Joey Rouse of TNT Fireworks, requesting a special use permit to operate a temporary outdoor vending establishment (seasonal fireworks retailer) in the parking lot of an existing shopping center, on a Commercial Highway (CH) zone located at 2050 Lascassas Pike. (Project Planner: Joel Aguilera). 5. Staff Reports and Other Business 6. Adjourn  MINUTES OF THE CITY OF MURFREESBORO BOARD OF ZONING APPEALS City Hall, 111 W. Vine Street, Council Chambers April 26, 2023 1:00PM Members Present: Staff Present: Davis Young, Chair Matthew Blomeley, Assistant Planning Director Ken Halliburton, Vice-Chair Marina Rush, Principal Planner Misty Foy Brad Barbee, Planner Julie King Joel Aguilera, Planner Tim Tipps Roman Hankins, Assistant City Attorney Ashley Fulghum, Recording Assistant Members Absent: None 1. Call to Order: Chair Young called the meeting to order. 2. Determination of a quorum: Chair Young determined that a quorum was present. 3. Consideration of Minutes: With there being no objection by any of the Board members, the minutes of the January 25, 2023, BZA meeting were approved as submitted. 4. New Business: a. Application [Z-23-008] by Patricia Troxell-Tant of Vogue Tower Partners VII, LLC, requesting a 115-foot height variance from Chart 2 of the City of Murfreesboro Zoning Ordinance, which allows a maximum height of 35 feet to allow a new telecommunication pole and antenna height of 150 feet, and a special use permit for a wireless telecommunication facility on property in the Residential Single Family (RS-15) district located at 591 Fortress Boulevard. MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 26, 2023 Mr. Brad Barbee presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Mr. Michael Sandifer, representative of Vogue Tower Partners VII, LLC, was present to answer questions. Ms. Misty Foy inquired if other telecommunications poles would be proposed in the future for the area. Mr. Sandifer responded that future requests would be dictated by growth. Ms. Julie King asked staff about the height of existing emergency towers as compared to the proposed telecommunications tower. Mr. Matthew Blomeley responded that the emergency tower is taller. Mr. Tim Tipps inquired about moving telecommunications to other structures. Mr. Blomeley responded that there are more requests for small cell towers and fewer for macro towers. Mr. Tipps asked if tall towers are a necessity. Mr. Sandifer confirmed that macro towers are a necessity and explained that they provide coverage for larger geographic areas. Ms. Foy inquired about the look of the pole as more providers are added to it. Mr. Sandifer responded that the look would change as more antennas are added. Ms. Foy asked if there is a maximum number of carriers that can be on the pole. Mr. Sandifer replied that it depends on what the pole is designed to accommodate. The Board, Staff, and Mr. Sandifer discussed the aesthetics of monopoles. Chair Young opened the public hearing. There being no one else to speak for or against the request, Chair Young closed the public hearing. Ms. Julie King moved to approve the special use permit subject to all Staff comments; the motion was seconded by Ms. Misty Foy and was carried by the following vote: Aye: Misty Foy Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None Vice-Chair Ken Halliburton moved to approve the height variance subject to all Staff comments; the motion was seconded by Mr. Tim Tipps and was carried by the following vote: 2 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 26, 2023 Aye: Misty Foy Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None b. Application [Z-23-007] by Lennae Frantz, requesting a special use permit to establish a home occupation (hair salon) on property in the Residential Single Family (RS-15) district located at 1711 Bridget Drive. Mr. Brad Barbee presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Mr. Barbee presented the Board with three comments of opposition from neighbors. Mr. Barbee explained that opposing neighbors are concerned about traffic, the affect it will have on property values, and how it might encourage additional commercial uses in the area. Ms. Lennae Frantz was present to answer questions. Vice-Chair Ken Halliburton inquired about the limitations of operation. Mr. Barbee responded that only one customer at a time shall visit the home. The hours of operation are Tuesday- Saturday 9:00 AM- 7:00PM. All the parking will be in the driveway. Vice-Chair Halliburton inquired about signage. Ms. Frantz responded that per the Cosmetology Board, she is required to put a small sign up. Mr. Tipps asked if the hours of operation are typical. Ms. Marina Rush confirmed that it is standard. Mr. Barbee reviewed the recommended conditions of approval. Chair Davis Young inquired if there is a limit to how much space in the home can be used for the business. Mr. Barbee replied that 25% of the floor area can be used for the business. Mr. Tipps inquired about the special use permit in relation to the potential transfer of property. Ms. Rush responded that the Board could add a condition to make the special use permit invalid when the home is sold. Chair Young asked if the next owner of the property would be bound to the conditions of approval if the board does not add that condition. Ms. Rush confirmed that the conditions of approval would apply to the next owner. Chair Young opened the public hearing. Ms. Terri Broich of 1830 Bridget Drive voiced her opposition to the special use permit. Ms. Tricia Pohlman of 3305 Houk Court voiced her support for the special use permit. 3 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 26, 2023 Mr. Douglas Cottingham of 1614 Lewis Circle voiced his support for the special use permit. There being no one else to speak for or against the request, Chair Young closed the public hearing. Mr. Tim Tipps moved to approve the special use permit subject to all Staff comments and the addition of a seventh condition to have the special use permit lapse upon transfer of the property; the motion was seconded by Vice-Chair Ken Halliburton and was carried by the following vote: Aye: Misty Foy Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young Nay: None c. Application [Z-23-006] by Margaret Greeson, requesting a special use permit to establish an accessory apartment on property in the Residential Single Family (RS-15) district located at 2103 Patriot Drive. Mr. Joel Aguilera presented the Staff Comments regarding this item, a copy of which is maintained in the permanent files of the Planning Department and is incorporated into these minutes by reference. Ms. Margaret Greeson and Mr. Philip Kilpatrick were present to answer questions. Mr. Tipps inquired if the structure complies with the setbacks. Mr. Aguilera responded that it does not comply with setbacks because it is a non-conforming structure. Chair Young opened the public hearing. There being no one else to speak for or against the request, Chair Young closed the public hearing. Ms. Misty Foy moved to approve the special use permit subject to all Staff comments; the motion was seconded by Mr. Tim Tipps and was carried by the following vote: Aye: Misty Foy Vice-Chair Ken Halliburton Julie King Tim Tipps Chair Davis Young 4 MURFREESBORO BOARD OF ZONING APPEALS MINUTES April 26, 2023 Nay: None 5. Staff Reports and Other Business: None. 6. Adjourn: There being no further business, Chair Young adjourned the meeting at 1:51pm. ______________________________ ________________________________ CHAIRMAN SECRETARY 5  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT May 24, 2023 PROJECT PLANNER: JOEL AGUILERA Application: Z-23- 009 Location: 701 East Street Lot 30 Applicant: Elijah Montgomery Owner: Anthony & Fred Adams Zoning: Residential Multi-Family (RM-16) Requests: Two variances from the Zoning Ordinance: Chart 2 Minimum Lot Requirements, front setback requiring 35 feet to allow 25 feet, and rear setback requiring 25-feet to allow 22 feet 1 Overview of Request The applicant, Elijah Montgomery, is requesting two variances from the required setbacks of the RM-16 zoning district, to construct a 1,203 square-foot, single-family detached residence on a 5,481 square foot parcel, located at 701 East Street. The property is zoned RM-16, which requires, 6,000 square feet minimum lot size for Single-Family detached dwellings. The two variances requested are: 1. Front setback: 10-foot variance from the required 35-foot front setback, as set forth by Chart 2 for single-family detached dwellings in the RM-16 zoning district. 2. Rear setback: 3-foot variance from the required 25-foot rear setback, as set forth by Chart 2 for single-family detached dwellings in the RM-16 zoning district. Below is a table of the minimum lot and setback standards for single-family detached dwelling in a RM-16 zoning district, with the variance request in red. As demonstrated in the table, due to the required front and rear setbacks for the RM-16 district, the building pad would only allow for a house that is up to 20-feet deep as measured from the front setback to the rear setback. Minimum lot RM-16 zone district Existing lot & standards Variance request Lot area 6,000 sq ft 5,481 Width 50 ft 69.9 ft Setback(s) 35’ front; 5’ side; and 25’ rear Variance #1 = 25’ front Variance #2 = 22’ rear Building pad 20-feet 33- feet depth Existing neighborhood & lot conditions The original parcel was subdivided into two lots, Lot 29 and Lot 30, by deed on October 24, 1946. A house was constructed over both Lots 29 and 30 at some time later, and the Rutherford County Assessor records state the house on the subject property was sold in 1968. In November 1985, the Lots 29 and 30 along with the neighborhood were zoned by the City of Murfreesboro as RML, Residential Multiple Family Dwellings Low Density (subsequently zoned RM-16). This neighborhood is in close proximity and other 2 neighborhoods in the vicinity of MTSU also have multi-family zoning districts on single family subdivisions. Recently, in 2021, the 1968 house was demolished and Lots 29 and 30 are now vacant. Based on aerial views available in the City’s GIS maps, the original house was located approximately 33 feet from the front property line, and 10 feet from the side property line to the north. Additionally, from the GIS aerial views, the original house constructed in the center of the lot, occupying both Lots 29 and 30, despite it being two lots of records. In reviewing the deed from 1946 of the subdivision, Lots 29 and 30 are consistent in size to the contiguous properties to the north and south, which also falls under the minimum 6,000 square foot lot size. From the City’s GIS, Lot 27 to the north is approximately 5,700 square feet in lot size, and Lot 28 is approximately 5,533 square feet. In further review of the neighborhood, the adjacent properties to the north and south show several detached homes encroaching into front, rear, and side setback area. In addition, an approved variance in 2020 (File: Z-20-005) was found for 627 East Street, located south of the subject property, and was approved for 19-foot relief from the rear setback requirement. Proposed use If the BZA grants approval of the variance, the applicant is proposing to construct a 1,203 square-foot single-family detached home on the subject property, Lot 30. The applicant has provided concept elevations of the proposed single-family home and those have been included in the agenda materials. The home is consistent with other houses in the neighborhood for size and placement on the property. The proposed detached home will utilize primarily Hardie-plank siding on all facades and will have an asphalt shingle roof. The home will be under the minimum 35-foot maximum height requirement, and as shown the attached surveyed plot plan, the driveway space will have sufficient parking for four cars. Staff’s recommendation Because setback standards for single-family detached dwelling in an RM-16 zoning district results in a narrow depth on the subject property, the property was subdivided by other in 1946 and zoned by the City in 1985, this property has unusual hardships not created by the property owner. Additionally, other properties in this general area do not meet the minimum lot size of the RM-16 district either and were developed several decades ago with similar setbacks as requested today. Staff believes the applicant’s request to be compliant with the required standards for a variance and has proposed a single-family home product that is compliant with minimum standards for height, and parking, and will be consistent with the existing neighborhood. 3 Relevant Zoning Ordinance Section Chart 2 – Minimum Yard Setback Requirements: RM-16 District Setbacks: Front - 35 feet Side 5 feet Rear 25 feet RM-16 Minimum Lot Width: 50 feet RS-16 Minimum Lot Area (Single Family Detached): 6,000 sq. ft. Standards For Variances from Section 10 of the Zoning Ordinance: The Zoning Ordinance requires that no bulk variance or other variance be granted unless the applicant establishes that the bulk or other regulations generally applicable in the zoning classification for the property for which a variance is requested impose practical difficulties which are unusual to the property and are not self-created. In addition, the applicant must also show that the bulk or other variance requested will not be unduly detrimental to other property in the vicinity of the property for which the variance is requested. To satisfy the requirements, applicant must submit written justification that the variance requested meets all of the standards contained the Zoning Ordinance. The applicant’s letter is included in the staff report attachments. The following is staff’s analysis for each of the Standards for Variances: (1) The requested variance(s) are due to specifically identified characteristics of the land, such as the narrowness, shallowness, shape, topography or other condition of the land, are such that compliance with one or more applicable zoning regulations would be extraordinarily and peculiarly difficult or would result in an undue hardship for the applicant: Staff analysis: This standard is met. The subject property was deeded in October of 1946. From the 1985 zoning book, the subject property was zoned RML, Residential Multiple Family Dwellings Low Density. Staff has speculated that the neighborhood was zoned RML because of the proximity to MTSU to encourage multi-family development and then updated to be RM-16. As such, the current setback standards make it difficult to construct a house within the required front- 35 feet, Side - 5 feet, and rear - 25 feet setbacks. The property is 5,481 square feet in area, which is smaller than minimum lot size of 6,000 square feet for single-family detached dwellings in the RM-16 zoning district. 4  Due to the parcel size and shallowness, created by the current RM-16 zone district, staff believes these reasons are considered undue hardship and that the property meets this standard. (2) The requested variance(s) are due to specifically identified characteristics that are unusual to the subject land as compared to other land in the same zoning classification and in the same area: Staff analysis: This standard is met. As stated previously, the property was created in October of 1946. The adjoining properties to the north and south are also less than 6,000 square feet in area, with one property having already been approved by the BZA due to the smallness of the parcel sizes for houses to be constructed. Because of the unique hardship of the parcel size and shallowness of the land, staff believes the property meets this standard. (3) That the requested variance(s) are due to specifically identified characteristics or hardship were not created by any action or inaction of the owner or the owner’s agent, not self-created: Staff analysis: This standard is met. Because setback standards for single-family detached dwelling in an RM-16 zoning district results in a narrow depth on the subject property, the property was subdivided by other in 1946 and zoned by the City in 1985, this property has unusual hardships resulting in a narrow depth and not created by the property owner. This hardship is unique and not self-created, staff believes the property meets this standard. (4) That granting the requested variance will not be unduly detrimental to other land in the vicinity of the land for which the variance is requested: Staff analysis: This standard is met. Granting of the variances would not be detrimental to other land in the area. The properties in the general area of and along East vary in size and shape. Other houses on lots that are less than 6,000 square feet in area do not meet the required setbacks for the RM-16 zoning district, as described in this staff report. The construction of the house will comply with the side setbacks, on-site parking, and all other City standards and regulations. Additionally, the home would be constructed with setbacks consistent with several homes in the neighborhood. Staff believes the property meets this standard. (5) That granting the requested variance will not impair an adequate supply of light and air to adjacent properties, unreasonably increase the congestion in public streets, increase the danger of fire or otherwise endanger the public health, safety, 5  comfort, or morals, or substantially impair the intent and purpose of the Zoning Ordinance or of the general plan for the area: Staff analysis: This standard is met. Granting of the variances would not impair light or create shadows on adjacent properties, will not affect air, increase congestion, danger of fire or otherwise endanger public health, safety, comfort or impair the general area in any way. The construction of the house will comply with all other setbacks and development requirements. Staff believes the property meets this standard. Staff Comments: A variance may be approved if it meets all five standards, as required by the Zoning Ordinance. Whether the variance is approved or denied, the BZA must make specific findings of fact on each of the variance standards. If in the judgment of the BZA that if any of the above standards have not been met by a preponderance of the evidence, the variance must be denied, and written findings provided stating the evidence for why the standard(s) are not met. If the BZA believes that all of the standards have been met by a preponderance of the evidence, then the variance can be approved, and written findings provided stating the evidence for why the standards are met. For the requested variances, staff recommends approval because the five variance standards appear to have been met. The applicants will be in attendance to respond to any questions the Board may have. Attached Exhibits 1. BZA Application and survey map with proposed house footprint 2. Applicant Letter 3. Elevations and floor plan 6  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT May 24, 2023 PROJECT PLANNER: JOEL AGUILERA Application: Z-23- 010 Location: West Street Lot 29 Applicant: Elijah Montgomery Owner: Anthony & Fred Adams Zoning: Residential Multi-Family (RM-16) Requests: Two variances from the Zoning Ordinance: Chart 2 Minimum Lot Requirements, front setback requiring 35 feet to allow 25 feet, and rear setback requiring 25-feet to allow 21 feet. 1 Overview of Request The applicant, Elijah Montgomery, is requesting two variances from the required setbacks of the RM-16 zoning district, to construct a 1,203 square-foot, single-family detached residence on a 5,487 square foot parcel, located along West Street. The property is zoned RM-16, which requires, 6,000 square feet minimum lot size for Single-Family detached dwellings. The two variances requested are: 1. Front setback: 10-foot variance from the required 35-foot front setback, as set forth by Chart 2 for single-family detached dwellings in the RM-16 zoning district. 2. Rear setback: 3-foot variance from the required 25-foot rear setback, as set forth by Chart 2 for single-family detached dwellings in the RM-16 zoning district. Below is a table of the minimum lot and setback standards for single-family detached dwelling in a RM-16 zoning district, with the variance request in red. As demonstrated in the table, due to the required front and rear setbacks for the RM-16 district, the building pad would only allow for a house that is up to 20-feet deep as measured from the front setback to the rear setback. Minimum lot RM-16 zone district Existing lot & standards Variance request Lot area 6,000 sq ft 5,487 Width 50 ft 69.9 ft Setback(s) 35’ front; 5’ side; and 25’ rear Variance #1 = 25’ front Variance #2 = 21’ rear Building pad 20-feet 33- feet depth Existing neighborhood & lot conditions The original parcel was subdivided into two lots, Lot 29 and Lot 30, by deed on October 24, 1946. A house was constructed over both Lots 29 and 30 at some time later, and the Rutherford County Assessor records state the house on the subject property was sold in 1968. In November 1985, the Lots 29 and 30 along with the neighborhood were zoned by the City of Murfreesboro as RML, Residential Multiple Family Dwellings Low Density (subsequently zoned RM-16). This neighborhood is in close proximity and other 2 neighborhoods in the vicinity of MTSU also have multi-family zoning districts on single family subdivisions. Recently, in 2021, the 1968 house was demolished and Lots 29 and 30 are now vacant. Based on aerial views available in the City’s GIS maps, the original house was located approximately 33 feet from the front property line, and 10 feet from the side property line to the north. Additionally, from the GIS aerial views, the original house constructed in the center of the lot, occupying both Lots 29 and 30, despite it being two lots of records. In reviewing the deed from 1946 of the subdivision, Lots 29 and 30 are consistent in size to the contiguous properties to the north and south, which also falls under the minimum 6,000 square foot lot size. From the City’s GIS, Lot 27 to the north is approximately 5,700 square feet in lot size, and Lot 28 is approximately 5,533 square feet. In further review of the neighborhood, the adjacent properties to the north and south show several detached homes encroaching into front, rear, and side setback area. In addition, an approved variance in 2020 (File: Z-20-005) was found for 627 East Street, located south of the subject property, and was approved for 19-foot relief from the rear setback requirement. Proposed use If the BZA grants approval of the variance, the applicant is proposing to construct a 1,203 square-foot single-family detached home on the subject property, Lot 29. The applicant has provided concept elevations of the proposed single-family home and those have been included in the agenda materials. The home is consistent with other houses in the neighborhood for size and placement on the property. The proposed detached home will utilize primarily Hardie-plank siding on all facades and will have an asphalt shingle roof. The home will be under the minimum 35-foot maximum height requirement, and as shown the attached surveyed plot plan, the driveway space will have sufficient parking for four cars. Staff’s recommendation Because setback standards for single-family detached dwelling in an RM-16 zoning district results in a narrow depth on the subject property, the property was subdivided by other in 1946 and zoned by the City in 1985, this property has unusual hardships not created by the property owner. Additionally, other properties in this general area do not meet the minimum lot size of the RM-16 district either and were developed several decades ago with similar setbacks as requested today. Staff believes the applicant’s request to be compliant with the required standards for a variance and has proposed a single-family home product that is compliant with minimum standards for height, and parking, and will be consistent with the existing neighborhood. 3 Relevant Zoning Ordinance Section Chart 2 – Minimum Yard Setback Requirements: RM-16 District Setbacks: Front - 35 feet Side 5 feet Rear 25 feet RM-16 Minimum Lot Width: 50 feet RS-16 Minimum Lot Area (Single Family Detached): 6,000 sq. ft. Standards For Variances from Section 10 of the Zoning Ordinance: The Zoning Ordinance requires that no bulk variance or other variance be granted unless the applicant establishes that the bulk or other regulations generally applicable in the zoning classification for the property for which a variance is requested impose practical difficulties which are unusual to the property and are not self-created. In addition, the applicant must also show that the bulk or other variance requested will not be unduly detrimental to other property in the vicinity of the property for which the variance is requested. To satisfy the requirements, applicant must submit written justification that the variance requested meets all of the standards contained the Zoning Ordinance. The applicant’s letter is included in the staff report attachments. The following is staff’s analysis for each of the Standards for Variances: (1) The requested variance(s) are due to specifically identified characteristics of the land, such as the narrowness, shallowness, shape, topography or other condition of the land, are such that compliance with one or more applicable zoning regulations would be extraordinarily and peculiarly difficult or would result in an undue hardship for the applicant: Staff analysis: This standard is met. The subject property was deeded in October of 1946. From the 1985 zoning book, the subject property was zoned RML, Residential Multiple Family Dwellings Low Density. Staff has speculated that the neighborhood was zoned RML because of the proximity to MTSU to encourage multi-family development and then updated to be RM-16. As such, the current setback standards make it difficult to construct a house within the required front- 35 feet, Side - 5 feet, and rear - 25 feet setbacks. The property is 5,487 square feet in area, which is smaller than minimum lot size of 6,000 square feet for single-family detached dwellings in the RM-16 zoning district. 4  Due to the parcel size and shallowness, created by the current RM-16 zone district, staff believes these reasons are considered undue hardship and that the property meets this standard. (2) The requested variance(s) are due to specifically identified characteristics that are unusual to the subject land as compared to other land in the same zoning classification and in the same area: Staff analysis: This standard is met. As stated previously, the property was created in October of 1946. The adjoining properties to the north and south are also less than 6,000 square feet in area, with one property having already been approved by the BZA due to the smallness of the parcel sizes for houses to be constructed. Because of the unique hardship of the parcel size and shallowness of the land, staff believes the property meets this standard. (3) That the requested variance(s) are due to specifically identified characteristics or hardship were not created by any action or inaction of the owner or the owner’s agent, not self-created: Staff analysis: This standard is met. Because setback standards for single-family detached dwelling in an RM-16 zoning district results in a narrow depth on the subject property, the property was subdivided by other in 1946 and zoned by the City in 1985, this property has unusual hardships resulting in a narrow depth and not created by the property owner. This hardship is unique and not self-created, staff believes the property meets this standard. (4) That granting the requested variance will not be unduly detrimental to other land in the vicinity of the land for which the variance is requested: Staff analysis: This standard is met. Granting of the variances would not be detrimental to other land in the area. The properties in the general area of and along East vary in size and shape. Other houses on lots that are less than 6,000 square feet in area do not meet the required setbacks for the RM-16 zoning district, as described in this staff report. The construction of the house will comply with the side setbacks, on-site parking, and all other City standards and regulations. Additionally, the home would be constructed with setbacks consistent with several homes in the neighborhood. Staff believes the property meets this standard. (5) That granting the requested variance will not impair an adequate supply of light and air to adjacent properties, unreasonably increase the congestion in public streets, increase the danger of fire or otherwise endanger the public health, safety, 5  comfort, or morals, or substantially impair the intent and purpose of the Zoning Ordinance or of the general plan for the area: Staff analysis: This standard is met. Granting of the variances would not impair light or create shadows on adjacent properties, will not affect air, increase congestion, danger of fire or otherwise endanger public health, safety, comfort or impair the general area in any way. The construction of the house will comply with all other setbacks and development requirements. Staff believes the property meets this standard. Staff Comments: A variance may be approved if it meets all five standards, as required by the Zoning Ordinance. Whether the variance is approved or denied, the BZA must make specific findings of fact on each of the variance standards. If in the judgment of the BZA that if any of the above standards have not been met by a preponderance of the evidence, the variance must be denied, and written findings provided stating the evidence for why the standard(s) are not met. If the BZA believes that all of the standards have been met by a preponderance of the evidence, then the variance can be approved, and written findings provided stating the evidence for why the standards are met. For the requested variances, staff recommends approval because the five variance standards appear to have been met. The applicants will be in attendance to respond to any questions the Board may have. Attached Exhibits 1. BZA Application and survey map with proposed house footprint 2. Applicant Letter 3. Elevations and floor plan 6  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT May 24, 2023 PROJECT PLANNER: JOEL AGUILERA Application: Z-22-011 Location: 2325 Memorial Blvd Applicant: Joey Rouse for TNT Fireworks Owner: Kroger Co. Zoning: Commercial Highway (CH) Requests: Special Use Permit for temporary outdoor vending (seasonal fireworks) in the parking lot of an existing commercial shopping center. Page 1 Overview of Request The applicant, Joey Rouse, representing TNT fireworks, wishes to operate a fireworks tent for the Fourth of July selling season from June 28, 2023, to July 5, 2023. The property is located at 2325 Memorial Blvd. City of Murfreesboro Zoning Ordinance, Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Fireworks Seasonal Retailer as a use allowed with approval of a Special Use Permit in the Commercial Highway district. Similar to the other application requests by Mr. Rouse, the applicant will utilize the same on-site components, such as a tent for temporary firework sales, generator, and a portable toilet for employees. The site is surrounded by existing commercial development zoned CH. The tent will be situated along the southern portion of the parking lot, along Irongate Blvd, along the parking isle of the site. The hours of operation will be from 8am to 10pm which is consistent with other firework applications. The applicant has provided a letter and site plan demonstrating compliance with the Special Use Permit standards for temporary vendors. The tent used on-site will be a 20 x 60 tent. As specified in the applicant’s letter, trash will be removed daily from the site. The tent will be approximately 102 feet from a public fire hydrant. The tent will be situated 242 feet from the closest fuel source and more than 250 feet from any establishment that offers on-site consumption of alcohol. The applicant will remove all trash, and equipment from the site on or before July 10, 2023. Additionally, a letter has been signed by the property owner, granting the applicant permission to operate the fireworks tent. Relevant Zoning Ordinance Section Section 25(D)(5) of the City of Murfreesboro Zoning Ordinance allows temporary vending establishments as a special use in the CH district. City of Murfreesboro Zoning Ordinance Section 9(D)(2)(eeee) sets forth standards for temporary vendors in addition to the Standards of General Applicability in Section 9(C). The applicable standards are listed below with information from staff on how the applicant intends to address them. After reviewing the criteria for the special use requirements for temporary vending uses, this project appears to meet the criteria. Standards of General Applicability with Staff Analysis: 1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare; o Location of fireworks sale tent is situated in parking lot where tent will not impact the character, traffic conditions, or parking of the shopping center. The BZA site plan shows that the tent will be located along the southern portion of the parking lot, along the parking isle of the shopping center. Additionally, staff has confirmed that the tent location will not Page 2  impact the availability of parking during regular business hours and the temporary use does not exceed 25% of the parking spaces. 2. That the proposed building or use will be constructed, arranged, and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations; o The firework sales tent would not interfere with the regular operations of the shopping center or surrounding commercial areas and does not have any sound amplification devices. The firework sales tent will operate within the requirements of the temporary firework standards. 3. That the proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; o All services are provided to the site already. As such, staff believes this application will not hinder the above services. The shopping center has sufficient parking, and the tent will only be utilizing 8 spaces, which is less than 25% of the total spaces. 4. That the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance; o In reviewing the use and application details, there are no known significant, natural or historic features on-site or nearby that will be negatively impacted. 5. The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: o Additional standards for temporary vendors are discussed below. Temporary Vendor – Additional Standards: 1. The application for a temporary vendor Special Use Permit shall include the signature of the owner of the property or the owner’s authorized agent. The owner of the property may be the applicant if the owner is to be the operator of the temporary use. o Included in the application (see attachment #1). 2. The site for a temporary vendor shall be improved to provide adequate parking as determined by the BZA and shall provide for an on-site turn around area so that backing onto the street will not be necessary. Parking areas shall have an asphalt, concrete, or other hard dustless surface. In the event the proposed location will be on the site of an existing permanent business, the applicant must provide verification that the parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, Page 3  and parking for the temporary vendor) will not total more than 25% of the total parking available on the site. o Staff believes this application will not hinder the above services. Parking on this site is ample with the tent only utilizing 8 spaces and will not be exceeding 25% of the total parking available. Additionally, parking lot is a paved surface. 3. Traffic control measures may be required by the BZA. These may include a requirement that the applicant make provisions for directing traffic during expected peak hours of operation. o The applicant is aware that additional traffic control measures could be required by the BZA. 4. Temporary facilities, including vehicles, trailers or tents, will be permitted provided they are erected or placed in conformance with all applicable Codes. Any tent must provide an emergency exit remote from the point of entrance into the tent. Vehicles, trailers and tents must be located on an asphalt, concrete or hard dustless surface and in no event may be erected or placed on a gravel or grass area. All approved vehicles, trailers or tents must be maintained in good condition. Any vehicle, trailer or other moveable equipment used in connection with such temporary vendor shall be removed from the site at the conclusion of each business day. No such vehicle, trailer or equipment shall be removed and then be parked or stored in a residential area where such parking or storage is prohibited by ordinance or restrictive covenant. A vehicle or trailer may remain on the site overnight only if it is being used to provide security for items for sale remaining on the site, which items are not in a vehicle or trailer, provided the vehicle or trailer is constantly occupied or attended. The applicant shall be required to identify any vehicle, trailer or equipment to be used, and its overnight use and location, in the application. o The applicant has confirmed that the tent placed on site with be compliance with all applicable codes. 5. Any site used for a temporary vendor must be located so that all parts of all facilities and sales inventory on the site are no more than five hundred feet from an operable fire hydrant. o The site is 102 feet from an operable fire hydrant. 6. A deposit in the amount of five hundred dollars ($500) per site shall be made with the Building and Codes Department. In the event the site has not been cleared and cleaned within the time specified, the deposit shall not be refunded. Additionally, unless the owner (and permit holder, if different) can prove good cause, the site shall not be eligible for other permits for temporary vendors, and the permit holder shall not be eligible for another temporary vendor Special Use Permit, for six (6) months for the first offense, twelve (12) months for the second offense and eighteen (18) months for the third and all subsequent offenses. Except as otherwise specifically provided herein in subsection [10], all sites must be cleared and cleaned within five (5) days after the expiration of the Special Use Permit. o The applicant is aware of the deposit and the requirement to clean up the site after their approval expires. Page 4 7. Adequate provision shall be made for restroom facilities on the property. Restroom facilities must be located on-site for all temporary vendor locations that include on-site overnight security. Portable toilets, if used, shall be located on the site and may not be located in any required front setback or in any required side yard. The BZA may approve the use of off-site restroom facilities provided they will be available during all business hours and provided that the applicant provides the written permission of the owner or manager of the off-site facilities. o The applicant has confirmed that a portable toilet will be provided at the location. 8. The applicant shall post on the property documentation of the BZA’s granting of a temporary vendor Special Use Permit for inspection by City officials or others during the course of the temporary use. o The applicant has confirmed that they will comply with this requirement. 9. No special use permit shall be granted to any applicant who occupies or proposes to occupy premises for the temporary vendor where conditions exist on the site which are in violation of the sign, building, fire, electrical, or other ordinances of the City. If any such violations occur after the issuance of the temporary vendor Special Use Permit and same are not cured within 24 hours after notice, the Special Use Permit may be suspended, revoked or terminated by written notice, any temporary electrical service may be interrupted, and the deposit may be forfeited. The written notice referenced in the previous sentence may be given by the Director of the Planning and Zoning Department, the Director of the Building and Codes Department, the City Manager or the Assistant City Manager. The City may, in addition, initiate any other enforcement remedies with respect to such violations as may be provided by law. o The applicant states that they understand these requirements. Upon inspection of the site there were no outstanding violations. 10. Any electric meter installed on a freestanding permanent pole and/or any temporary pole installed to supply power to a temporary vendor shall be removed within 14 days after the Special Use Permit expires. o The applicant states that they will be using a portable generator for the site. 11. Any site for a temporary vendor must be located so that all parts of all facilities and/or tents and all inventories are outside of any easements for electric power transmission or distribution. o The applicant’s tent will not be installed within any easements located on-site. 12. Adequate provision shall be made for solid waste management. If a dumpster is to be located on-site, it shall be located in such a manner as to minimize impact on adjoining properties or other businesses on the same lot of record. o The applicant has confirmed that trash will be carried off daily to an off-site location. 13. Signage for a temporary vendor shall conform to the requirements of the City’s sign regulations including but not limited to an application for a sign permit and payment of applicable sign permit fees. The granting of a temporary vendor Special Use Permit shall Page 5  not, by itself, allow any signage on the site in addition to that which was allowed prior to the granting of such permit. o The applicant understands this requirement and will complete a sign permit application and pay the fees associated with the application for any signs posted on site. 14. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound shall not be permitted. o The applicant will not use any noise amplification devices. Additionally, the applicant has stated that the generator will not disturb the peace of any of the businesses. 15. A site may be used for temporary vending for no more than 70 days during any 12-month period. The BZA may approve a site to be used by multiple temporary vendors provided that no site shall be used by more than one temporary vendor at any time. A Special Use Permit for temporary vending shall expire at the end of one year after the date of approval. Notwithstanding the foregoing, a site which was approved by the Board of Zoning Appeals as a location for a temporary vendor of food or retail merchandise during the 12 months immediately preceding the effective date of this ordinance will continue to be an eligible site for a temporary vendor Special Use Permit for up to six months during any 12 month period provided all other conditions for site approval continue to be met, and provided further, that the eligibility of any such site for the issuance of an extended Special Use Permit shall end at the end of any 12 month period during which the site was not given approval for use by a temporary vendor of food or retail merchandise, or on May 24, 2024, whichever shall first occur. o The applicant has stated that the site will be used 8 days in total. The applicant has confirmed that the firework sales tent will operate from June 28th until July 5th. The hours of operation will be from 8am to 10pm which is consistent with other firework applications. 16. The BZA may require additional standards be met in order to assure compatibility of the proposed location with adjoining properties. o The applicant will adhere to any additional requirements if any are imposed by the BZA. 17. Notwithstanding subsections [2] and [4] above, a temporary vendor may be permitted to locate parking areas, tents and other facilities on lots with gravel surfaces if such gravel surfaced lots were legally established, in existence and had been used for temporary vending purposes prior to January 1, 2007 provided however that the exception in this subsection shall end on May 24, 2024. o The parking lot consists of paved asphalt, not gravel. 18. The application for and grant of a Special Use Permit for temporary vending of fireworks shall be subject to the following additional conditions. Page 6 (aa) Any site for a fireworks seasonal retailer must be located so that all parts of all facilities and fireworks inventory on the site are no closer than two hundred feet to any fuel source. o The site is located 242 feet from the nearest fuel source. (bb) No fireworks seasonal retailer shall be approved for any site within two hundred fifty feet of an establishment, which is licensed for on-site consumption of alcoholic beverages, or beer, as defined by state law. This measurement shall be made in a straight line without regard to intervening structures or objects from any structure, tent, or inventory storage area of a fireworks seasonal retailer to the nearest point of any structure or area where the alcoholic beverages or beer are licensed to be served. o This site is not located within 250 feet of any licensed establishment that offers on-site consumption of alcoholic beverages. (cc) The sales period for a fireworks seasonal retailer location shall not be approved for a period that begins before June 28 or ends after July 5 and/or begins before December 26 and ends after January 2 of any year. No activity associated with the fireworks seasonal retailer shall be located on the property before June 22 or before December 21 and all materials including sales offices, tents, garbage, trash, etc., shall be removed from the lot on or before July 10 or January 7. o The applicant is aware of this requirement and is seeking to operate from June 28th until July 5th. The proposed hours are 8am to 10pm. The applicant is aware and will comply with the requirement that all trash, and equipment, shall be removed from the lot on or before July 10th, 2023. (dd) Fireworks seasonal retailers must comply with all state and City laws and ordinances regarding the sale of fireworks, including but not necessarily limited to T.C.A. §68- 104-101 and City Code §12. o The applicant will comply with this requirement and will post a copy of the city ordinance at the tent site throughout the selling season. (ee) A fireworks seasonal retailer shall not be approved for a period of more than one calendar year. o The applicant is aware of this requirement. The request is only for the 4th of July selling season 2023. (ff) The applicant must obtain a tent permit for the fireworks tent. o The applicant is aware of this requirement. (gg) A fireworks seasonal retainer shall provide certification that the tent is flame- resistant or treated to be flame-resistant. o The applicant will comply with this requirement and provide the required certified documentation. (hh) A fire extinguisher shall be kept on-site at all times. o The applicant is aware of this requirement and will keep a fire extinguisher at the tent. (ii) The City’s fireworks ordinance shall be posted on-site. Page 7  o The applicant will comply with this requirement. (jj) No fireworks are to be set off on-site. o The applicant will comply with this requirement. (kk) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. o The applicant will comply with this requirement. 19. The application for and grant of a Special Use Permit for the temporary vending of food, beverages, animals, produce, other merchandise and any other such temporary sales event that is not an accessory use to the principal use on a lot or a portion of a lot shall be subject to the following additional conditions: [aa] Tables, chairs, or other furniture that would allow or facilitate on-site consumption of food or beverages shall not be allowed on the site. o No vending of food or beverage is proposed in this application. Page 8 Staff Comments: Staff recommends approval of the requested Special Use Permit to operate a temporary outdoor vending establishment (fireworks seasonal retailer) at the subject property, as proposed due to the evidence provided that the vendor will operate consistent with the requirements of the Zoning Ordinance and meets the Standards of General Applicability and additional standards for Temporary Vending – Seasonal Fireworks Sales. Staff recommends approval of the SUP subject to the following staff comments as Conditions of Approval: Recommended Conditions of Approval: 1. This SUP is to allow TNT to operate a fireworks tent, 20 feet by 60 feet size, for the Fourth of July selling season from June 28, 2023 to July 5, 2023, hours are 8am to 10pm. 2. Sales period for fireworks is June 28th, 2023, through July 5th, 2023, and activity associated with fireworks seasonal retailer shall not be located on the property prior to June 22nd , 2023, and all materials, including the tent and any other equipment shall be removed from the lot on or before July 10th, 2023. 3. The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 4. The tent shall be located in the parking lot as shown on the aerial photo (site plan) submitted with this application. 5. The applicant shall keep and maintain a fire extinguisher on-site at all times. 6. The applicant shall keep the City’s fireworks ordinance posted on-site at all times and comply with the regulations contained therein. 7. Fireworks shall not be set off on-site. 8. The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 9. The fireworks tent shall meet all minimum building setback requirements for the CH zoning district. 10. The applicant shall obtain a tent permit for the fireworks tent. 11. Applicant shall post the Certificate to Operate, issued by the Planning Department after passing all required inspections to operate a temporary firework vending operation. Attached Exhibits 1. Letter from applicant 2. Firework tent site plan 3. BZA Application Page 9  MURFREESBORO BOARD OF ZONING APPEALS STAFF REPORT May 24, 2023 PROJECT PLANNER: JOEL AGUILERA Application: Z-22-011 Location: 2050 Lascassas Pike Applicant: Joey Rouse for TNT Fireworks Owner: Kroger Co. Zoning: Commercial Highway (CH) Requests: Special Use Permit for temporary outdoor vending (seasonal fireworks) in the parking lot of an existing commercial shopping center. Page 1 Overview of Request The applicant, Joey Rouse, representing TNT fireworks, wishes to operate a fireworks tent for the Fourth of July selling season from June 28, 2023, to July 5, 2023. The property is located at 2325 Memorial Blvd. City of Murfreesboro Zoning Ordinance, Chart 1 (Uses Permitted by Zoning District) of the Murfreesboro Zoning Ordinance identifies Fireworks Seasonal Retailer as a use allowed with approval of a Special Use Permit in the Commercial Highway district. Although this application request had been previously approved by the BZA, for the 2020 selling season, no application was filed for the 2021 and 2022 selling season. As such the applicant is required to again come before the Board of Zoning Appeals and present the required materials to be approved by the BZA for the 2023 season. Similar to the other application requests by Mr. Rouse, the applicant will utilize the same on-site components, such as a tent for temporary firework sales, generator, and a portable toilet for employees. The site is surrounded by existing commercial development zoned CH. The tent will be situated along the western portion of the parking lot, outside the main drive isle of the site. The hours of operation will be from 8am to 10pm which is consistent with other firework applications. The applicant has provided a letter and site plan demonstrating compliance with the Special Use Permit standards for temporary vendors. The tent that will be used on site will be a 30 x 50 tent. The letter has been signed by the property owner, granting the applicant permission to operate the fireworks tent. As specified in the applicant’s letter, trash will be removed daily from the site. The tent will be approximately 102 feet from a public fire hydrant. The tent will be situated 242 feet from the closest fuel source and more than 250 feet from any establishment that offers on-site consumption of alcohol. The applicant will remove all trash, and equipment from the site on or before July 10, 2023. Relevant Zoning Ordinance Section Section 25(D)(5) of the City of Murfreesboro Zoning Ordinance allows temporary vending establishments as a special use in the CH district. City of Murfreesboro Zoning Ordinance Section 9(D)(2)(eeee) sets forth standards for temporary vendors in addition to the Standards of General Applicability in Section 9(C). The applicable standards are listed below with information from staff on how the applicant intends to address them. After reviewing the criteria for the special use requirements for temporary vending uses, this project appears to meet the criteria. Standards of General Applicability with Staff Analysis: 1. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare; o Location of fireworks sale tent is situated in parking lot where tent will not impact the character, traffic conditions, or parking of the shopping center. The BZA site plan shows that the tent will be located along the western portion of the parking lot, outside the main drive isle of the shopping center. Additionally, staff has confirmed that the tent location Page 2  will not impact the availability of parking during regular business hours and the temporary use does not exceed 25% of the parking spaces. 2. That the proposed building or use will be constructed, arranged, and operated so as to be compatible with the immediate vicinity and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations; o The firework sales tent would not interfere with the regular operations of the shopping center or surrounding commercial areas and does not have any sound amplification devices. The firework sales tent will operate within the requirements of the temporary firework standards. 3. That the proposed buildings or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, drainage structures, refuse disposal, fire protection, water and sewers; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; o All services are provided to the site already. As such, staff believes this application will not hinder the above services. The shopping center has sufficient parking, and the tent will only be utilizing 10 spaces which is less than 25% of the total spaces. 4. That the proposed building or use will not result in the destruction, loss, or damage of any feature determined by the BZA to be of significant natural, scenic, or historic importance; o In reviewing the use and application details, there are no known significant, natural or historic features on-site or nearby that will be negatively impacted. 5. The proposed building or use complies with all additional standards imposed on it by the particular provision of this section authorizing such use: o Additional standards for temporary vendors are discussed below. Temporary Vendor – Additional Standards: 1. The application for a temporary vendor Special Use Permit shall include the signature of the owner of the property or the owner’s authorized agent. The owner of the property may be the applicant if the owner is to be the operator of the temporary use. o Included in the application (see attachment #1). 2. The site for a temporary vendor shall be improved to provide adequate parking as determined by the BZA and shall provide for an on-site turn around area so that backing onto the street will not be necessary. Parking areas shall have an asphalt, concrete, or other hard dustless surface. In the event the proposed location will be on the site of an existing permanent business, the applicant must provide verification that the parking spaces displaced by the temporary vendor (including areas for tents, trailers, inventory, and parking for the temporary vendor) will not total more than 25% of the total parking available on the site. Page 3  o Staff believes this application will not hinder the above services. Parking on this site is ample with the tent only utilizing 10 spaces and will not be exceeding 25% of the total parking available. Additionally, parking lot is a paved surface. 3. Traffic control measures may be required by the BZA. These may include a requirement that the applicant make provisions for directing traffic during expected peak hours of operation. o The applicant is aware that additional traffic control measures could be required by the BZA. 4. Temporary facilities, including vehicles, trailers or tents, will be permitted provided they are erected or placed in conformance with all applicable Codes. Any tent must provide an emergency exit remote from the point of entrance into the tent. Vehicles, trailers and tents must be located on an asphalt, concrete or hard dustless surface and in no event may be erected or placed on a gravel or grass area. All approved vehicles, trailers or tents must be maintained in good condition. Any vehicle, trailer or other moveable equipment used in connection with such temporary vendor shall be removed from the site at the conclusion of each business day. No such vehicle, trailer or equipment shall be removed and then be parked or stored in a residential area where such parking or storage is prohibited by ordinance or restrictive covenant. A vehicle or trailer may remain on the site overnight only if it is being used to provide security for items for sale remaining on the site, which items are not in a vehicle or trailer, provided the vehicle or trailer is constantly occupied or attended. The applicant shall be required to identify any vehicle, trailer or equipment to be used, and its overnight use and location, in the application. o The applicant has confirmed that the tent placed on site with be compliance with all applicable codes. 5. Any site used for a temporary vendor must be located so that all parts of all facilities and sales inventory on the site are no more than five hundred feet from an operable fire hydrant. o The site is 423 feet from an operable fire hydrant. 6. A deposit in the amount of five hundred dollars ($500) per site shall be made with the Building and Codes Department. In the event the site has not been cleared and cleaned within the time specified, the deposit shall not be refunded. Additionally, unless the owner (and permit holder, if different) can prove good cause, the site shall not be eligible for other permits for temporary vendors, and the permit holder shall not be eligible for another temporary vendor Special Use Permit, for six (6) months for the first offense, twelve (12) months for the second offense and eighteen (18) months for the third and all subsequent offenses. Except as otherwise specifically provided herein in subsection [10], all sites must be cleared and cleaned within five (5) days after the expiration of the Special Use Permit. o The applicant is aware of the deposit and the requirement to clean up the site after their approval expires. 7. Adequate provision shall be made for restroom facilities on the property. Restroom facilities must be located on-site for all temporary vendor locations that include on-site Page 4  overnight security. Portable toilets, if used, shall be located on the site and may not be located in any required front setback or in any required side yard. The BZA may approve the use of off-site restroom facilities provided they will be available during all business hours and provided that the applicant provides the written permission of the owner or manager of the off-site facilities. o The applicant has confirmed that a portable toilet will be provided at the location. 8. The applicant shall post on the property documentation of the BZA’s granting of a temporary vendor Special Use Permit for inspection by City officials or others during the course of the temporary use. o The applicant has confirmed that they will comply with this requirement. 9. No special use permit shall be granted to any applicant who occupies or proposes to occupy premises for the temporary vendor where conditions exist on the site which are in violation of the sign, building, fire, electrical, or other ordinances of the City. If any such violations occur after the issuance of the temporary vendor Special Use Permit and same are not cured within 24 hours after notice, the Special Use Permit may be suspended, revoked or terminated by written notice, any temporary electrical service may be interrupted, and the deposit may be forfeited. The written notice referenced in the previous sentence may be given by the Director of the Planning and Zoning Department, the Director of the Building and Codes Department, the City Manager or the Assistant City Manager. The City may, in addition, initiate any other enforcement remedies with respect to such violations as may be provided by law. o The applicant states that they understand these requirements. Upon inspection of the site there were no outstanding violations. 10. Any electric meter installed on a freestanding permanent pole and/or any temporary pole installed to supply power to a temporary vendor shall be removed within 14 days after the Special Use Permit expires. o The applicant states that they will be using a portable generator for the site. 11. Any site for a temporary vendor must be located so that all parts of all facilities and/or tents and all inventories are outside of any easements for electric power transmission or distribution. o The applicant’s tent will not be installed within any easements located on-site. 12. Adequate provision shall be made for solid waste management. If a dumpster is to be located on-site, it shall be located in such a manner as to minimize impact on adjoining properties or other businesses on the same lot of record. o The applicant has confirmed that trash will be carried off daily to an off-site location. 13. Signage for a temporary vendor shall conform to the requirements of the City’s sign regulations including but not limited to an application for a sign permit and payment of applicable sign permit fees. The granting of a temporary vendor Special Use Permit shall not, by itself, allow any signage on the site in addition to that which was allowed prior to the granting of such permit. Page 5  o The applicant understands this requirement and will complete a sign permit application and pay the fees associated with the application for any signs posted on site. 14. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, live band, amplifiers, loudspeakers, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents at any time with louder volume than is necessary for convenient hearing for the persons responsible for producing or reproducing such sound shall not be permitted. o The applicant will not use any noise amplification devices. Additionally, the applicant has stated that the generator will not disturb the peace of any of the businesses. 15. A site may be used for temporary vending for no more than 70 days during any 12-month period. The BZA may approve a site to be used by multiple temporary vendors provided that no site shall be used by more than one temporary vendor at any time. A Special Use Permit for temporary vending shall expire at the end of one year after the date of approval. Notwithstanding the foregoing, a site which was approved by the Board of Zoning Appeals as a location for a temporary vendor of food or retail merchandise during the 12 months immediately preceding the effective date of this ordinance will continue to be an eligible site for a temporary vendor Special Use Permit for up to six months during any 12 month period provided all other conditions for site approval continue to be met, and provided further, that the eligibility of any such site for the issuance of an extended Special Use Permit shall end at the end of any 12 month period during which the site was not given approval for use by a temporary vendor of food or retail merchandise, or on May 24, 2024, whichever shall first occur. o The applicant has stated that the site will be used 8 days in total. The applicant has confirmed that the firework sales tent will operate from June 28th until July 5th. The hours of operation will be from 8am to 10pm which is consistent with other firework applications. 16. The BZA may require additional standards be met in order to assure compatibility of the proposed location with adjoining properties. o The applicant will adhere to any additional requirements if any are imposed by the BZA. 17. Notwithstanding subsections [2] and [4] above, a temporary vendor may be permitted to locate parking areas, tents and other facilities on lots with gravel surfaces if such gravel surfaced lots were legally established, in existence and had been used for temporary vending purposes prior to January 1, 2007 provided however that the exception in this subsection shall end on May 24, 2024. o The parking lot consists of paved asphalt, not gravel. 18. The application for and grant of a Special Use Permit for temporary vending of fireworks shall be subject to the following additional conditions. (aa) Any site for a fireworks seasonal retailer must be located so that all parts of all facilities and fireworks inventory on the site are no closer than two hundred feet to any fuel source. o The site is located 253 feet away from the nearest fuel source. Page 6 (bb) No fireworks seasonal retailer shall be approved for any site within two hundred fifty feet of an establishment, which is licensed for on-site consumption of alcoholic beverages, or beer, as defined by state law. This measurement shall be made in a straight line without regard to intervening structures or objects from any structure, tent, or inventory storage area of a fireworks seasonal retailer to the nearest point of any structure or area where the alcoholic beverages or beer are licensed to be served. o This site is located 594 feet of any licensed establishment that offers on-site consumption of alcoholic beverages. (cc) The sales period for a fireworks seasonal retailer location shall not be approved for a period that begins before June 28 or ends after July 5 and/or begins before December 26 and ends after January 2 of any year. No activity associated with the fireworks seasonal retailer shall be located on the property before June 22 or before December 21 and all materials including sales offices, tents, garbage, trash, etc., shall be removed from the lot on or before July 10 or January 7. o The applicant is aware of this requirement and is seeking to operate from June 28th until July 5th. The proposed hours are 8am to 10pm. The applicant is aware and will comply with the requirement that all trash, and equipment, shall be removed from the lot on or before July 10th, 2023. (dd) Fireworks seasonal retailers must comply with all state and City laws and ordinances regarding the sale of fireworks, including but not necessarily limited to T.C.A. §68- 104-101 and City Code §12. o The applicant will comply with this requirement and will post a copy of the city ordinance at the tent site throughout the selling season. (ee) A fireworks seasonal retailer shall not be approved for a period of more than one calendar year. o The applicant is aware of this requirement. The request is only for the 4th of July selling season 2023. (ff) The applicant must obtain a tent permit for the fireworks tent. o The applicant is aware of this requirement. (gg) A fireworks seasonal retainer shall provide certification that the tent is flame- resistant or treated to be flame-resistant. o The applicant will comply with this requirement and provide the required certified documentation. (hh) A fire extinguisher shall be kept on-site at all times. o The applicant is aware of this requirement and will keep a fire extinguisher at the tent. (ii) The City’s fireworks ordinance shall be posted on-site. o The applicant will comply with this requirement. (jj) No fireworks are to be set off on-site. o The applicant will comply with this requirement. Page 7 (kk) The site must pass an electrical safety inspection prior to opening for business. An electrical permit must be purchased from the Building and Codes Department in order to obtain this inspection. o The applicant will comply with this requirement. 19. The application for and grant of a Special Use Permit for the temporary vending of food, beverages, animals, produce, other merchandise and any other such temporary sales event that is not an accessory use to the principal use on a lot or a portion of a lot shall be subject to the following additional conditions: [aa] Tables, chairs, or other furniture that would allow or facilitate on-site consumption of food or beverages shall not be allowed on the site. o No vending of food or beverage is proposed in this application. Staff Comments: Staff recommends approval of the requested Special Use Permit to operate a temporary outdoor vending establishment (fireworks seasonal retailer) at the subject property, as proposed due to the evidence provided that the vendor will operate consistent with the requirements of the Zoning Ordinance and meets the Standards of General Applicability and additional standards for Temporary Vending – Seasonal Fireworks Sales. Staff recommends approval of the SUP subject to the following staff comments as Conditions of Approval: Recommended Conditions of Approval: 1. This SUP is to allow TNT to operate a fireworks tent, 30 feet by 50 feet size, for the Fourth of July selling season from June 28, 2023 to July 5, 2023, hours are 8am to 10pm. 2. Sales period for fireworks is June 28th, 2023, through July 5th, 2023, and activity associated with fireworks seasonal retailer shall not be located on the property prior to June 22nd , 2023, and all materials, including the tent and any other equipment shall be removed from the lot on or before July 10th, 2023. 3. The applicant shall provide certification that the tent is flame-resistant or treated to be flame-resistant. 4. The tent shall be located in the parking lot as shown on the aerial photo (site plan) submitted with this application. 5. The applicant shall keep and maintain a fire extinguisher on-site at all times. 6. The applicant shall keep the City’s fireworks ordinance posted on-site at all times and comply with the regulations contained therein. 7. Fireworks shall not be set off on-site. 8. The applicant shall apply for and pass an electrical safety inspection prior to opening for business. An electrical permit shall be purchased from the Building and Codes Department in order to obtain this inspection. 9. The fireworks tent shall meet all minimum building setback requirements for the CH zoning district. 10. The applicant shall obtain a tent permit for the fireworks tent. 11. Applicant shall post the Certificate to Operate, issued by the Planning Department after passing all required inspections to operate a temporary firework vending operation. Page 8 Attached Exhibits 1. Letter from applicant 2. Firework tent site plan 3. BZA Application Page 9