These supplementary regulations are listed and described in this one article rather than repeated several times throughout the ordinance as they are applicable to specific, several, or to all zones. The regulations pertain to certain specific uses, or relate to unusual conditions, thus warranting a more convenient placement than that which would be possible by placing them in article 5, "Zone regulations."

Section 1
Performance Standards for Commercial
and Industrial Uses

The purpose of this subsection is to establish regulations and standards for the installation and operation of commercial and industrial uses based on consideration of the objectionable characteristics of such uses and the districts in which they are permitted. Further, this subsection prescribes the procedures and methods of measurement of industrial characteristics subject to the performance standards established hereunder:

4.10.01. Noise.

A.

Principle. No person shall operate, cause to operate or allow to operate any source of sound in such a manner as to create a sound level at any point on or beyond the boundary of any lot or tract which exceeds the limits set forth in these standards. These standards shall not apply to noise not directly under control of the property user, noises resulting from the construction or maintenance of buildings or facilities including site preparation, the noise of safety signals, warning devices and railroads, noise lasting less than five (5) seconds provided that the noise is not repeated more than ten (10) times per hour, noise of mobile equipment operating near the boundary line provided the mobile equipment is not operated more than two (2) hours during any twenty-four (24) hour period and noise from vehicles entering and leaving the premises provided the sound level of these vehicles does not exceed the sound level of other vehicles using the public street or highway.

B.

Standards. The sound pressure level resulting from any use or activity shall not exceed the maximum permitted decibel levels for the designated octave bands set forth in these standards.

4.10.02. Radiation hazards.

A.

Principle. No activities shall be permitted which emit dangerous radioactive radiation at any point on or beyond the boundary of any lot or tract.

B.

Standards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the applicable regulations set out in Chapter 1 of Title 10 of the Code of Federal Regulations which apply to byproduct material, source material and special nuclear material, as those terms are defined in sections 11e., z., and aa. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014(e), (z) and (aa)).

4.10.03. Fire and explosive hazards.

A.

Principle. All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire fighting and suppression equipment and devices standard to the industry involved.

B.

Standards. All explosive material shall be stored and used in accordance with the rules and regulations of the bureau of mines of the state fire marshal and chapter 30, "Fire Prevention and Protection" of the County Code of Ordinances.

4.10.04. Glare and heat.

A.

Principle. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used and occupied.

B.

Standards. Exposed sources of light shall be shielded so as not to be visible outside their premises.

4.10.05. Electromagnetic radiation.

A.

Principle. No activity, operation or use shall cause electromagnetic radiation interference that adversely affects persons or the operation of any equipment at any point on or beyond the boundary of any lot or tract.

B.

Standards. Activity, operations or uses causing electromagnetic radiation interference shall be in conformance with the regulations of the Federal Communications Commission.

4.10.06. Industrial sewage and waste.

A.

Principle. No discharge shall be permitted at any point into the public sewers, private sewage disposal system, surface or subsurface waters so as to contaminate, pollute or harm such waters or cause floating or submerged debris, oil, scum, unsightliness or be harmful to human, animal, plant or aquatic life.

B.

Standards. A developer or builder shall obtain the written approval of the appropriate official of the state water pollution control board, of the state health department, and of the county health department; and it shall be filed with the director of code administration and enforcement prior to issuance of building permit.

4.10.07. Vibration.

A.

Principle. No use, operation or activity shall cause or create earthborn vibrations which is transmitted through the ground and is discernable in excess of the standards below.

B.

Standards. At no point on or beyond the boundary of any lot or tract in a commercial or industrial zone shall the vibration produced by the activities conducted on such lot or tract be in excess of two (2) inches per second. Such vibration shall be measured in accordance with the provisions of U.S. Bureau of Mines Publication No. 5968.

4.10.08. Fly ash, dust, fumes, vapors, gases, odors, smoke, and other forms of air pollution, open burning, toxic and noxious matter.

A.

Principle. No person, use, operation or activity shall emit any particulate matter, fly ash, dust, fumes, vapors, gases, smoke or other forms of air pollution in such quantities so as to substantially contribute to exceeding local, state or federal air pollution standards.

B.

Standards. All persons, uses, operations and activities shall comply with the requirements and standards set forth in the county air quality management regulations.

4.10.09. Odors.

A.

Principle. After the effective date of these regulations, no person shall cause, suffer, or allow any emissions of gases, vapors, or "objectionable" odors beyond the property line from which such emissions occur to be in sufficient quantities and of such characteristics and duration as to be injurious, or tend to be injurious, to human health and welfare, plant or animal life, or to property, or which unreasonably interferes with the enjoyment of life or property.

B.

Standards. In accordance with county air quality management regulations, an odor shall be deemed "objectionable" when air occurring beyond the property line contains such odorous matter as may be detectable when diluted with seven (7) or more volumes of odor-free air.

4.10.10. Outdoor lighting.

A.

Principle. Lighting used for parking lots, outdoor storage, product display or security shall reduce the impacts of glare, light trespass and overlighting, promote safety and security and encourage energy conservation and shall not interfere with the operation of motor vehicles in the public right-of-way or adjacent uses of land.

B.

Standards. The light source shall be shielded and shall be arranged so that lighting is directed away from any boundary of the lot or tract adjacent to any property zoned to permit residential uses.

4.10.11. Landscape screening.

A.

Principle. Landscape screening shall mitigate the impacts of development on the enjoyment and values of the surrounding property, on sensitive areas, and on the primary road network. Any business or industrial use that is adjacent to property developed for residential use within the A, Agricultural Zone district or zoned for residential use (E, Estates, RAE, Exclusive Residential, RA, Low Density Residential, RB, General Residential, and PR, Planned Residential) shall provide screening along the boundary of the residential property. Parking and loading areas shall be screened from adjacent property developed for residential use within the A, Agricultural Zone district or zoned for residential or office uses (E, Estates, RAE, Exclusive Residential, RA, Low Density Residential, RB, General Residential, PR, Planned Residential, OA, Office Park, OB, Office, Medical and Related Services, and OC, Civic and Institutional) and public streets.

B.

Standards.

1.

Any business or industrial use of property, except a parking or loading area, shall plant and maintain a Type "A" landscape screen, as provided by the planning commission, within a landscape buffer strip a minimum of fifteen (15) feet in width adjacent to property developed for residential use within the A, Agricultural Zone district or zoned for residential or office uses.

2.

Any parking or loading area located on a lot or tract used for business or industrial purposes shall plant and maintain a Type "B" landscape screen, as provided by the planning commission, within a landscape buffer strip a minimum of twelve (12) feet is width between the parking or loading area and any adjoining adjacent property developed for residential use within the Agricultural (A) Zone district or zoned for residential or office uses.

3.

Any parking or loading area located on a lot or tract used for business or industrial purposes and adjoining a public right-of-way shall plant and maintain a Type "C" landscape screen, as provided by the planning commission, within a landscape buffer strip a minimum of eight (8) feet in width.

4.10.12. Issuance of permit. Before issuing a building permit for a commercial or industrial use, the director of code administration and enforcement shall be given information by the applicant sufficient to enable said director of code administration and enforcement to assure that all performance standards and site development standards set forth in these regulations and the county air quality management regulations can and will be complied with at all times.

4.10.13. Enforcement. Where in the opinion of the director of code administration and enforcement there is a probable violation of any provision of this subsection, the director is empowered to have a qualified technician perform such investigations, measurements, and analysis as may be necessary to determine whether or not there is in fact a violation of these regulations. Upon confirmation of a violation, the offending industry or activity shall bear the cost incurred by the county in retaining the qualified technician.

Section 2
Development Standards for Uses Permitted
on Review

In order to accomplish the general purpose of this ordinance, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, are potentially incompatible with existing development, or because the effects of such uses cannot definitely be foreseen. The uses listed under the various zones herein as "uses permitted on review" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the zone; however, the nature of such use makes it desirable that they be permitted to locate therein. Therefore, these uses must be specially placed into the development pattern which exists at the time of their arrival.

The following uses shall be subject to compliance with the regulations in this article and as set forth in article 6, "Administration, enforcement and interpretation," section 6.50, "Procedure for authorizing uses permitted on review":

The planning commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

4.10.14. The use is consistent with adopted plans and policies, including the general plan and the sector plans.

4.10.15. The use is in harmony with the general purpose and intent of these zoning regulations.

4.10.16. The use is compatible with the character of the neighborhood where it is proposed, and with the size and locations of buildings in the vicinity.

4.10.17. The use will not significantly injure the value of adjacent property by noise, lights, fumes, odors, vibration, traffic congestion or other impacts which may detract from the immediate environment.

4.10.18. The use is not of a nature or so located as to draw substantial additional traffic through residential streets.

4.10.19. The nature of development in the surrounding area is not such as to pose a potential hazard to the proposed use or to create an undesirable environment for the proposed use.

(Ord. No. O-08-7-103, §§ 1, 2, 8-25-08; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, § 2, 3-28-22)

4.20.01. Property development standards. The following property development standards shall apply for all mobile home parks:

A.

No parcel of land containing less than two and one-half (2½) acres and less than fifteen (15) mobile home spaces, available at the time of first occupancy shall be used for a mobile home park, however, the plans submitted for approval as required in this section shall be designed for a minimum of twenty-five (25) mobile home units.

B.

The mobile home park shall be subject to the density provisions of the zone in which it is located, provided, however, there shall be not less than three thousand (3,000) square feet of lot area for each space provided on the site for single-wide units and not less than five thousand (5,000) square feet for double-wide units.

C.

The mobile home park shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

D.

Yards.

1.

Each mobile home park shall have a front yard of twenty-five (25) feet extending for the full width of the parcel devoted to said use.

2.

Each mobile home park shall have a rear yard and a side yard on both sides of the parcel devoted to said use of not less than ten (10) feet.

3.

Where a side or rear yard abuts a street, the yard shall be not less than twenty-five (25) feet and all yards shall be landscaped and maintained.

E.

No building or structure erected or stationed in this park shall have a height greater than one (1) story or fifteen (15) feet.

F.

A mobile home park shall be entirely enclosed, exclusive of driveways, at its external boundaries by a solid wall, fence or evergreen hedge not less than seven (7) feet in height, except that on any public street, such wall, fence, or hedge shall be twenty-five (25) feet from the street right-of-way line.

G.

Each mobile home park shall be permitted to display on each street frontage, one (1) identifying sign of a maximum size of nine (9) square feet. Said sign shall contain thereon only the name and address of the mobile home park and may be lighted by indirect lighting only.

4.20.02. Size of mobile home spaces. Each mobile home space shall be sufficient size that, in addition to the trailer, the following areas shall be provided:

A.

Each mobile home space for a single-wide unit shall be at least thirty-two (32) feet wide and such space shall be clearly defined by permanent markers. The minimum width of a space for a double-wide unit shall be fifty (50) feet.

B.

There shall be a front yard setback of ten (10) feet from all access roads within the mobile home park.

C.

Mobile homes shall be so harbored on each space so that there shall be at least a 20-foot clearance between mobile homes, provided, however, with respect to mobile homes parked end-to-end, the end-to-end clearance shall be not less than fifteen (15) feet. No mobile home shall be located closer than twenty (20) feet from any building within the mobile home park.

D.

There shall be at least one (1) paved, off-street parking space for each trailer space, which shall be on the same site as the trailer served, and may be located in the rear or side yard of said trailer space.

E.

Each mobile home space shall be provided with a paved patio of at least two hundred (200) square feet and having a storage locker of at least one hundred (100) cubic feet. Storage lockers may be located in locker compounds.

4.20.03. General requirements.

A.

There shall be established and maintained within each park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one (1) for every four (4) trailer sites.

B.

Access roads within a mobile home park shall be paved to a width of not less than twenty-four (24) feet. Where access roads are paved to a width of thirty-two (32) feet or more, the required guest parking area shall be waived.

C.

Mobile home spaces may abut upon a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to the access road within the mobile home park. The sole vehicular access shall not be by alley, and all dead-end driveways shall include adequate vehicular turning space or cul-de-sac.

D.

A minimum of six (6) inches of compacted gravel, or other suitable pavement material, shall be installed for each trailer space. Size of pads shall be ten (10) feet by forty-five (45) feet or larger.

E.

Walkways not less than two (2) feet wide shall be provided from the mobile home spaces to service buildings.

F.

Each mobile home space shall be provided with a connection to the sanitary sewer line or to a sewer system approved by the health department.

G.

There shall be provided a park and recreation area having a minimum of one hundred fifty (150) square feet for each mobile home space. Areas shall be consolidated into usable areas with minimum dimensions of not less than thirty (30) feet.

H.

Each mobile home park shall be provided with a management office and such service buildings as are necessary to provide facilities for mail distribution, storage space for supplies and maintenance materials.

I.

Trailers, with or without toilet facilities, that cannot be connected to a sewer system approved by the Health Department shall not be permitted in a mobile home park.

J.

Cabanas and other similar enclosed structures are prohibited.

K.

Mobile homes shall not be used for commercial, industrial, or other nonresidential uses within the mobile home parks.

4.20.04. Plans and schedules required.

A.

The following information shall be shown on the mobile home park development plan:

1.

The location and legal description of the proposed mobile home park.

2.

Plans and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home park.

3.

The proposed use of buildings shown on the site.

4.

The location and size of all mobile home spaces.

5.

The location of all points of entry and exit for motor vehicles and internal circulation pattern.

6.

The location of all landscaping to be provided.

7.

The location of all lighting standards to be provided.

8.

The location of all walls and fences and the indication of their height and the materials of their construction.

9.

The location of all off-street parking facilities.

10.

The location and size of park and recreation areas.

11.

The name and address of the applicant.

12.

Such other engineering and topographic data as may be required to permit the planning commission to determine if the provisions of these regulations are being complied with.

4.20.05. Approval of development plan. The development plan of the mobile home park shall be submitted to the planning commission for approval as a use permitted on review.

4.20.06. Changes to development plan. A revised development plan shall be submitted to the planning commission for approval of any changes, alterations, amendments, or extensions to the development plan. Approval of such changes may be granted if, in the opinion of the planning commission, the requested changes would be in keeping with the intent and provisions of this resolution.

4.20.07. Issuance of building permits. No building permit shall be issued for construction of any building or location of any mobile home on the land until the planning commission has approved the development plan and a statement has been affixed.

4.20.08. Revocation of building permit. The building permit shall be revoked if construction of any part, or phase, of the development is not in compliance with the approved plans.

(Ord. No. O-96-9-105, § 1, 10-28-96; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

4.30.01. Purpose and uses.

A.

To encourage and insure the development of marinas and boat liveries and the safe operation of such development.

B.

Coincident uses include assembly buildings, caretakers residence, docks, fueling and supply facilities, house boats, launching and storage facilities, parking areas, boat sales and servicing facilities, restaurants, signs, supplementary recreational facilities, boat lifts, water taxi services, hotels, motels, boatels, boat charter service and incidental retail sales associated with the principal uses. All the proposed uses shall be identified in the development plan.

4.30.02. Access.

A.

The tract of marina or boat livery development must have adequate access to thoroughfares.

B.

This adequacy is to be based on the relationship of the size of the facilities to the practical capacity of the thoroughfares.

4.30.03. Area regulations.

A.

Lot size: There is no minimum lot size; however, the site size shall be sufficient to assure space for the facilities proposed in the use-on-review application and shall meet all local, state, and federal regulations.

B.

Front yard: The minimum depth of the front yard shall be the same as required in the zones where marinas or boat liveries are permitted as a use-on-review.

C.

Side yard: Minimum side yards of one hundred (100) feet shall be provided between marina or boat livery facilities and adjacent tracts of land. Side yards can contain outdoor recreational uses subject to development plan approval. Side yards can contain parking if the marina is not located next to a residential zone.

D.

The site shall be developed in such a way as to preserve its natural character, particularly in preserving natural vegetation adjacent to the normal summer pool elevation. A strip of mass plantings, either natural or commercially introduced, attaining at least six (6) feet in height shall be located between the marina or boat livery and each adjacent residential area, except, that no planting shall be required between marina or boat livery facilities and a public road. Yards may be used for parking but in no case shall parking be closer than fifteen (15) feet to any property line and no closer than fifty (50) feet to the normal summer pool elevation.

E.

All docks, fuel and supply facilities, launching and lift facilities, boat sales and servicing areas, restaurants and hotels, motels, or boatels related to a marina must be a least three hundred (300) feet from any residence except that of the owner or operator. This provision does not apply to marinas which may be proposed as part of a development plan in a PR, Planned Residential Zone.

4.30.04. Water area and control of opposite shoreline.

A.

If a cove or embayment contains less than five (5) acres of water surface at normal pool, the applicant must own or control the total shoreline.

B.

For measuring purposes the embayment or cove begins where its outlet intersects the main river channel and all islands or floating structures are to be subtracted from the area of water as computed.

C.

The applicant must own or control the land area within two hundred (200) feet of all docks or other floating structures.

D.

The minimum water surface area required for each boat mooring, houseboat and boat for rent shall be five thousand (5,000) square feet.

E.

When the proposed marina or boat livery development is situated on a cove or embayment which is less than three hundred (300) feet in width at normal pool as defined by the Tennessee Valley Authority, the applicant must own or control the shoreline opposite such development inland at least one hundred (100) feet from the shoreline. However, the planning commission may waive this requirement if they find that the property opposite the proposed development site, because of topography and/or existing land use, is not adversely affected by the proposed development.

4.30.05. Off-street parking. As regulated in section 3.50, "Off-street parking" of these regulations.

4.30.06. Administrative procedures for marina or boat livery development. A use-on-review application for a marina or boat livery permit shall be filed with the planning commission. Each application shall be accompanied by a site plan drawn to scale, and prepared by a licensed engineer, surveyor or architect. Such site plan shall be reviewed by the health department, the county engineer, and the department of codes administration; and the comments of these departments shall be reported to the planning commission. The application shall meet the provisions of section 6.50, "Procedure for authorizing uses permitted on review," and the following information shall be shown:

A.

The location and legal description of the proposed marina or boat livery development property.

B.

Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the development.

C.

The proposed use of buildings shown on the site.

D.

The location of all points of entry and exit for motor vehicles and internal circulation pattern.

E.

The location of all landscaping to be preserved or additionally provided.

F.

The location of all lighting standards to be provided.

G.

The location of all off-street parking facilities.

H.

The location of all pedestrian spaces, including sidewalks, pathways and, if applicable, greenway trails.

I.

The name and address of the applicant.

J.

The location of adjacent residential districts and existing houses.

K.

In the case of boat liveries, the location of the storage area for the rental boats and a statement of the types of boats to be rented.

L.

A time schedule for development shall be prepared, which shall demonstrate the applicant's readiness and ability to provide the proposed services.

M.

Such other architectural and engineering data as may be required to permit the planning commission, health department, and department of codes administration, or other review agencies to determine if the provisions of this ordinance are being met.

N.

Use-on-review approval shall be contingent upon issuance of all required permits and approvals from federal, state and local authorities, including the Tennessee Valley Authority, U.S. Army Corps of Engineers, and the county.

(Ord. No. O-99-9-101, § 1, 10-25-99; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, § 1, 3-28-22)

4.40.01. Because of the nature and character of their operations, automobile wrecking and salvage yards, junk yards, and similar uses of land can have a decidedly detrimental effect upon surrounding properties. Salvage and wrecking yards tend to create problems of noise, dust, traffic and health hazards, and may adversely affect property values by their general appearance. The following standards shall be used as a guide in evaluating whether proposed land uses, such as those outlined above, will have properly minimized their objectionable characteristics:

A.

Location. Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than three hundred (300) feet from any established residential zone.

B.

Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, excepting driveway areas, from eight (8) to twelve (12) feet in height. Storage between the road or street and such fence or wall is expressly prohibited. Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.

C.

Off-street parking. As regulated in section 3.50, "Off-street parking," of this resolution.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Purpose. It is recognized that the extraction of minerals is a basic industry within the area subject to these regulations. It is further recognized that the location of underground mineral deposits will not necessarily coincide with the zone boundaries established by this ordinance; therefore, the extraction of minerals is classified as a "use permitted on review." However, it is further recognized that mineral extraction may involve differing processes and may seriously affect mined parcels and surrounding properties. Therefore, these standards are established for mineral extraction in the county.

4.50.01. Standards governing surface operations pertaining to underground mining and mineral extraction by drilling, deep shaft mining or processes which do not disturb the surface soil or ground.

A.

Prospecting by core drilling or similar methods may be permitted in any zone without approval as a use permitted on review.

B.

Establishment of permanent accessories to the mining operations such as ventilating shafts or fans, hoisting shafts, elevators, substations or transformer banks or any building containing power driven or power producing equipment are permitted as indicated as uses on review subject to these regulations.

C.

Area regulations.

1.

Any front, side and rear yard for buildings subject to these regulations in any zone other than industrial or adjacent to property not zoned industrial shall be at least five hundred (500) feet.

2.

Any front, side or rear yard for buildings within an I, Industrial Zone, shall comply with the regulations set forth in section 5.61, "Industrial Zone (I)," of these regulations except as indicated in subsection C.1 above.

D.

Performance standards. All performance standards for industrial operations as set forth in section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," of these regulations shall be observed.

E.

Hours of operations. No surface power driven equipment except ventilating equipment required for the health and safety of employees shall be operated in a nonindustrial zone except during the hours between 7:00 a.m. and 9:00 p.m.

F.

Plans shall be furnished for planning commission approval as follows:

1.

Screening. A landscaped screen shall be provided to obscure the mining buildings and machinery from adjacent nonindustrial areas. For this purpose the operator will furnish the planning commission a landscape plan.

2.

Roadways. All roadways on, and all vehicular entrances to and exits from the private properties on which such operations are conducted to any public roads shall be located to secure safety, to lessen congestion and to facilitate transportation and shall be so maintained as to eliminate any nuisance from dust to neighboring properties. A plan meeting these requirements shall be provided.

3.

Traffic control. A satisfactory plan for the routing of trucks, materials and equipment along public streets and roads from point of extraction to permittee's processing operations shall be provided.

4.

Restoration. A plan of removal of unsafe structures and equipment, sealing of shafts and other measures proposed for restoring land to a safe and usable condition upon abandonment of the project shall be provided.

4.50.02. Standards governing surface mining and mineral extraction.

A.

The following regulations shall apply to the operations of sand and gravel pits, quarries, surface mines, and to the removal of topsoil, sand, clay, shale, gravel or other earth for purposes other than those customarily involved in the grading of streets, highways, rights-of-way or for agricultural purposes, and such excavation necessary in preparing land for the construction of foundations, footing, cellars, or other structures below the natural grade.

B.

No premises or buildings shall be used for any purpose listed in the foregoing paragraph, until an application in writing is filed with and a conditional use permit has been approved by the planning commission and county board of commissioners and issued by the director of code administration and enforcement after a public hearing, and such operations shall be conducted in conformity with the following conditions:

1.

All equipment, building and premises used for such purpose shall be constructed, maintained and operated in accordance with the performance standards of the county as set forth in section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," of these regulations.

2.

The excavations shall be confined to areas at least one hundred (100) feet from any property line within or adjacent to any residential, agricultural or commercial zone and shall be at least two hundred (200) feet from the property line of any dwelling or platted subdivisions, and further, no overburden, spoilbank or stockpile may be deposited within one hundred (100) feet of any such property lines except that such excavation may, with the written consent of the owners of the adjoining property, be conducted within such limits in order to reduce the elevation thereof to conform with the existing contour or average grade of the adjoining property or in order to provide for adequate drainage.

3.

In any nonindustrial zone the excavations shall be confined to areas at least one hundred (100) feet from the right-of-way line of any existing or platted street, road or highway; except that excavations may be conducted within such limits in order to reduce the elevation thereof to conform to the existing or established elevation of the adjoining or platted street, road, or highway, or in order to provide for adequate drainage.

4.

Any building containing power driven or power producing machinery or equipment in a nonindustrial zone shall be at least five hundred (500) feet from all adjacent property zoned residential, commercial, or agricultural and when located in a non-industrial zone such building or equipment shall be at least two hundred (200) feet from the right-of-way lines of any existing or platted street, road, or highway.

5.

All roadways on, and all vehicular entrances to and exits from the private properties on which such operations are conducted to any public roads shall be located to secure safety, to lessen congestion and to facilitate transportation and shall be so maintained as to eliminate any nuisance from dust to neighboring properties.

6.

A plan of operations shall be submitted for approval by the planning commission and county board of commissioners which shall provide in all respects for the adequate safeguarding and protection of neighboring interests and the general public health and safety, and which shall include a satisfactory plan for the routing of trucks, materials and equipment from the points of excavation to the permittee's processing operations, a plan and program for the restoration of the land to minimize potential detrimental effects on the area by reducing, insofar as is reasonably possible, peaks and depressions and controlling erosion. Any such plan approved by the U.S. Federal Government or the state shall be sufficient to meet these requirements.

7.

Whenever the permit issued by the director of code administration and enforcement has expired or whenever the operation of any gravel or sand pit quarry, or other excavation shall have been discontinued for any period exceeding twelve (12) consecutive months, then, except as may otherwise be permitted upon application to and after hearing by the planning commission, all plants, buildings, structures (except fences) and equipment shall be entirely removed from the property and the property shall be restored in accordance with the approved plan and program for restoring land.

8.

If the property to be used for such excavation is within one hundred (100) feet of any residential zone or platted subdivision it shall be enclosed along the exterior boundaries thereof as excavation progresses by a fence or landscape screen as prescribed by the planning commission.

9.

No excavation shall take place, or plant operated on any property in any nonindustrial zone, except between the hours of 7:00 a.m. and 9:00 p.m., except whenever any reasonable or necessary repairs to equipment are required to be made. The provisions of subsection 1. above shall also apply to this subsection.

C.

Upon application in writing filed with the planning commission, the planning commission and the county board of commissioners may approve the issuance of an amended permit to alter the plan of operations theretofore approved by the planning commission and the county board of commissioners, or to extend the life of the permit when the duration of the mining operation was underestimated in the application for the original permit.

4.50.03. Enforcement.

A.

Compliance with all of the applicable requirements set out in these regulations and approved plans shall be enforced under the provisions of section 6.20, "Enforcement," of these regulations.

B.

A bond equal to one hundred dollars ($100.00) per acre of land to be excavated during the permit period shall be filed with the county mayor's office to guarantee the proper restoration and reclamation of the land in accordance with the approved plan. However, proof of bond posted with the state in meeting requirements of the Tennessee Strip Mine Law of 1967 shall be acceptable in lieu of this requirement.

4.50.04. Permit.

A.

The permit issued by the director of code administration and enforcement shall be for the duration of the mining operations in the approved plan of operation.

B.

Amended permits shall be issued by the director of code administration and enforcement when such permits have been approved as provided in subsection 4.50.02.C of these regulations.

4.50.05. Nonconforming uses. Notwithstanding any other requirements set forth in these regulations with respect to nonconforming uses:

A.

Any mining or mineral extraction operations lawfully existing on December 1, 1969 may be continued provided that a plan of operations as required by the regulations be filed with the planning commission and the county board of commissioners within six (6) months of passage of these regulations and further provided that if such nonconforming use is discontinued for a period of twelve (12) months, future use of said premises for mining or mineral extraction operations (except as provided in subsection 4.50.05.C below) shall be in conformity with this section 4.50, "Standards for mining and mineral extraction."

B.

Notwithstanding the provisions of the foregoing subsection, any mining or mineral extraction operation existing at the time of the passage of the resolution adopting this section 4.50, "Standards for mining and mineral extraction" shall within three (3) years from the date of such passage comply with all of the applicable performance standards set forth in section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," of these regulations; provided, however, that upon application made to it in writing the planning commission and the county board of commissioners may waive any such standards which are deemed unreasonable or arbitrary after giving full consideration to existing conditions.

C.

Any building or stationary equipment used in a mining or mineral extraction operation lawfully existing on December 1, 1969, but which is not in conformance with the set back requirements of this subsection, may be continued and maintained. Such building or equipment, may be enlarged or added to provided no additional set backs are violated. Furthermore, any mining or mineral extraction operation may enlarge or expand the area of extractive operations provided, however, that any such expansion shall comply, insofar as reasonably possible, with provisions of this section 4.50, "Standards for mining and mineral extraction." In reviewing plans for any such expanded extractive operation, the planning commission and county board of commissioners shall give full consideration to existing conditions and may waive any requirements of this section which are deemed unreasonable or arbitrary.

D.

Upon application made in writing the planning commission and county board of commissioners may grant indefinite stand-by status for a marble or other dimension stone quarry where it can be shown that such indefinite stand-by periods are customary and necessary to the industry and suitable safeguards for public safety are provided.

E.

Nothing herein shall be construed to authorize continuation of any nonconforming use which was illegal prior to adoption of this subsection, nor shall anything herein be construed so as to permit a violation of the county air pollution control regulations.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, § 1, 3-28-22)

4.60.01. Because adult-oriented establishments have a deteriorating effect on property values, create higher crime rates in the area, create traffic congestion, and depress nearby residential neighborhood conditions, these activities will only be permitted when minimum conditions can be met.

A.

The following minimum conditions must be complied with for a site to be approved for adult entertainment activities:

1.

The site shall be not less than one thousand (1,000) feet from any residentially zoned property at the time of approval for an adult entertainment activity.

2.

The site shall be not less than one thousand (1,000) feet from the site of any public amusement or entertainment activity, including, but not limited to, the following: Arcades, motion picture theaters, bowling alleys, marinas, golf courses, playgrounds, ice skating or roller skating rinks or arenas, zoos, community centers and similar amusements offered to the general public. "Amusement or entertainment activities" in this section shall not include adult-oriented establishments, and shall not reduce the distance requirements otherwise dictated by this section.

3.

The site shall be not less than one thousand (1,000) feet from any area devoted to public recreation activity.

4.

The site shall be not less than one thousand (1,000) feet from any school, library, day care center, park, church, mortuary or hospital.

5.

The site shall be not less than one-half (½) mile from any other adult entertainment business site.

6.

Measurement shall be made from the nearest recorded property line of the lot on which the adult-oriented establishment is situated to the nearest property line or boundary of the above mentioned uses, measuring a straight line on the county zoning map.

7.

The site shall be located on a designated arterial or collector street facility.

8.

Off-street parking: As regulated in section 3.50, "Off-street parking," of this resolution.

B.

Maps showing existing land use and zoning within one-half (½) mile of the proposed site should be submitted with an application for use-on-review approval along with site plans, surveys or other such special information as might reasonably be required by the planning commission for use in making a thorough evaluation of the proposal.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

4.70.01. Because the location and operation of a sanitary landfill have characteristics which may impinge on neighboring activities, land uses, property values, public health and safety, and the transportation network, this activity will only be permitted when minimum conditions can be met.

A.

The following minimum conditions must be complied with for a site to be approved for a sanitary landfill:

1.

Meet all requirements of a permitted solid waste disposal facility as defined and regulated under the provisions of the Solid Waste Disposal Act of Tennessee and the Rules of the Tennessee Department of Health and Environment.

2.

The site shall be not less than five hundred (500) feet from all residences, unless the owner(s) of the residential property agrees in writing to a shorter distance.

3.

The site shall be not less than one thousand (1,000) feet from a residentially zoned area (RAE, Exclusive Residential, RA, Low Density Residential, PR, Planned Residential, RB, General Residential) at the time the application for use-on-review is filed at the planning commission office.

4.

The site shall be not less than two thousand five hundred (2,500) feet from existing public schools, public recreational areas, or public swimming pools. Public recreational areas shall include public parks, recreation centers, athletic fields, or similar areas available to the general public for recreational uses.

5.

The site shall be not less than one thousand (1,000) feet upgradient from all wells or springs used as a source of drinking water by humans or livestock.

6.

The site shall be not less than two hundred (200) feet from the normal boundaries of springs, streams, lakes or other bodies of water other than those associated with the facility.

7.

The fill area shall be not less than one hundred (100) feet from all property lines, public roads, and the site boundary.

8.

The fill area shall be entirely enclosed, exclusive of driveways, at its external boundaries by a wall or fence and an evergreen hedge not less than seven (7) feet in height. The wall or hedge shall not be constructed or planted within the required setback.

9.

The use-on-review for landfills shall include a traffic impact statement concerning traffic flow and the structural reliability of the pavement of the existing transportation network most affected from the site to an arterial street along the primary access route to the site. The following additional requirements shall also be met:

a.

The traffic impact statement shall include a count of the existing traffic by vehicle type and size and a projection of traffic, for when the facility is in full operation, by vehicle type and size for that portion of transportation network most affected by this use.

b.

An assessment of the pavement's structural reliability must be made. This must be followed by an assessment of how the change in the vehicle mix will affect the pavement reliability including the collector street. The site shall have not less than an uninterrupted five hundred (500) feet access along a street constructed to the standards of a collector street as defined in the Knoxville-Knox County Minimum Subdivision Regulations.

c.

Access to and from the site shall be restricted to a driveway to the collector which shall be located at a point to provide adequate site distance, safe traffic flow and safe turning movements to and from the site considering the traffic impact from the site.

d.

Provision for traffic access to the site must be found to provide a safe access and without unreasonable adverse impact upon the transportation network based upon the information supplied and the requirements set forth herein.

10.

The landfill shall meet all requirements of section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," of the zoning ordinance for the county.

11.

The hours of operation of the landfill shall be limited. No landfilling shall be permitted before 6:00 a.m. or after 7:00 p.m., Monday—Saturday. *Sunday hours will be limited to 12:00 p.m. to 6:00 p.m. A convenience center shall be established for use while the landfill is closed.

12.

The applicant shall obtain a grading permit from the county hydrologist.

B.

The following materials and information shall be submitted with an application for use-on-review approval of a sanitary landfill:

1.

A development plan of the site showing the use or uses, dimensions, locations of various uses including the proposed fill area, structures, roads, fencing, landscaping, and areas which will remain undisturbed.

2.

A map showing existing zoning, residences, wells, streams, public schools and public recreational areas. This map shall be of sufficient size and scale to determine if the requirements of this section have been met.

3.

Any other special information as might reasonably be required by the planning commission for use in making a thorough evaluation of the proposal.

C.

"Site" as used herein shall mean the area approved for use as a sanitary landfill and may be all or a portion of a lot or parcel of property and the area approved may not be identical to the property boundary line or tax parcel boundary.

D.

Measurements from the site to meet the required distances set forth shall be from the nearest point in a property line of a parcel containing a use, structure, or natural condition from which a minimum distance is required to the nearest point in the boundary of the site unless these regulations provide measurements to another point.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, § 1, 3-28-22)

4.80.01. Because demolition landfill activities may impinge on adjacent land use activities, property values, public health and safety and the transportation network, these activities are segregated into the following two (2) categories and required to comply with the following regulations.

A.

On-site generated waste disposal of acceptable waste material in a demolition landfill, as defined in article 2, "Definitions," with a cumulative fill area of less than one (1) acre shall be permitted in any county zone other than F, Floodway, subject to the following requirements:

1.

Fill areas shall be a minimum of fifty (50) feet from any development or subdivision boundary and ten (10) feet from any interior lot boundary.

2.

Fill areas shall not occur in any natural drainage ways unless drainage pipe is installed which shall prevent drainage from passing into or through fill areas.

3.

Fill areas shall not occur within one hundred (100) feet of the edge of any sinkhole, or cave system.

4.

Fill areas shall not occur within the one hundred (100) year floodplain of any stream as determined by the flood hazard boundary maps for the county. The small streams provision of the flood damage prevention resolution shall be used on any perennial stream which is not identified by the flood hazard boundary map.

5.

Statement of the type of demolition material to be landfilled shall be shown on site plan.

6.

Evidence of review and approval of the proposal by the county health department shall be filed with the county code administration department prior to issuance of permit.

7.

Plan for closing facility shall be included with the application.

8.

Upon final closure of any demolition landfill, a subdivision plat must be recorded which accurately shows all fill locations.

9.

Any commercial or industrial use not consistent with or related to a demolition landfill that is proposed to be operated simultaneously on the demolition landfill site shall be considered on use-on-review.

10.

Meeting all requirements of the state department of health and environment for the appropriate class of solid waste landfill.

11.

Final grades of borrow or fill areas shall not be greater than a three (3) to one (1) slope.

B.

Demolition landfill operations which propose to accept off-site generated waste materials may petition the Knoxville/Knox County planning commission for use-on-review approval within the A, Agricultural, CB, Business and Manufacturing, LI, Light Industrial, and I, Industrial zones. Planning commission approval shall be based on compliance with the following standards:

1.

The site shall have direct access to a collector or arterial street or shall be situated in such proximity to a collector or arterial street that no significant additional hazard to the public safety is created nor harm to any adjacent residential area. The following guidelines, though not all inclusive, shall be considered in making this determination:

a.

The amount and type of traffic and use of the street necessary for access to the collector or arterial street from the site.

b.

The difference in the effect which the use of the site would have on the property owners adjacent to the street used to gain access to the collector or arterial street as opposed to the effect that would normally be anticipated from the location of the site directly on the collector or arterial street.

c.

The sufficiency of the road physically to bear the normal carriers of demolition landfill material.

2.

Submittal of a site plan prepared by a registered engineer showing:

a.

General location and zoning of site and surrounding property.

b.

Survey information of site showing property lines and street frontage prepared by a licensed land surveyor.

c.

Proposed fill area with internal access system capable of accommodating two-way traffic.

d.

Staging and discharge areas for inspection of loads, removal and storage of unacceptable items. This portion of the operation shall not occur within one hundred (100) feet of the property lines when adjoining an RA, Low Density Residential, RB, General Residential, or PR, Planned Residential, Zone. In no case shall this portion of the operation occur within fifty (50) feet of the property lines.

e.

Accessory structures located on site.

f.

Existing topography, vegetation and drainage network, including streams, sinkholes, and wetlands with plans for protection of streams, sinkholes and wetlands.

g.

Name, address and twenty-four (24) hour phone number of a responsible person and/or business to operate facility.

h.

Method of providing twenty-four (24) hour secured access control to site to prevent unauthorized dumping and access by unauthorized citizens.

3.

A plan for removal of unacceptable material. These materials shall be stored in containers. Each full container shall be removed on a daily basis. All materials which are defined as hazardous waste shall be removed from the site daily and disposed of at a facility properly permitted to accept such material.

4.

Statement of the type wastes to be landfilled and the hours of operation. Excessive hours and days of operation shall not be allowed.

5.

Method of ground water monitoring shall be shown where wells are located within five hundred (500) feet of the site.

6.

Fill areas shall be one hundred (100) feet from all property lines, edges of sinkholes or cave systems. Borrow areas, where fill material is obtained or cover material is stored, shall be fifty (50) feet from all property lines. This 50-foot yard and all other required yards along property lines shall be maintained with their natural, undisturbed vegetation. The planning commission may require the installation of additional vegetation depending on the proposed scope and projected longevity of the project to create a suitable visual screen.

7.

Evidence of review and approval of proposal by the county health department and the state division of solid waste management.

8.

Plan for cover and final closure of the facility. The site shall be covered at least once every fourteen (14) days.

9.

Upon final closure of any demolition landfill, a subdivision plat must be recorded which accurately shows all fill locations.

10.

Posting of a guarantee or bond with the state department of health and environment or with the county if not required by the state equal to five thousand dollars ($5,000.00) per acre involved in the demolition landfill site to ensure closure compliance.

11.

Any commercial or industrial use not consistent with or related to a demolition landfill that is proposed to be operated simultaneously on site with a demolition landfill shall be considered on use-on-review.

12.

A plan for buffering fill area from property lines by six (6) foot high evergreen vegetation placed ten (10) feet apart or seven (7) foot high opaque fencing or seven (7) foot high berm shall be provided if the existing vegetation is inadequate to provide a visual screen into the fill area.

13.

Meeting all requirements of the state department of health and environment for the appropriate class of solid waste landfill.

14.

Fill areas shall not occur within the one hundred (100) year floodplain of any stream as determined by the flood hazard boundary maps for the county. The small streams provision of the flood damage prevention resolution shall be used on any perennial stream which is not identified by the flood hazard boundary map.

15.

Submission of an environmental assessment which will sample soils and ground water for contaminants and provide baseline information for future assessments by an independent and qualified firm. No approval can be given for a site that requires remediation or removal of wastes until such time as same has been completed.

16.

Final grades of borrow or fill areas shall not be greater than a three (3) to one (1) slope.

(Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, §§ 1, 2, 3-28-22)

This section prescribes the conditions under which methadone treatment clinics or facilities may be permitted as uses permitted on review in the OA, Office Park, and OB, Office, Medical, and Related Services, Zones.

4.81.01. Minimum requirements.

A.

The approval by the planning commission of a methadone treatment clinic or facility shall be contingent upon the receipt of the appropriate license and certificate of need by the state department of health.

B.

Applicants seeking approval of a methadone treatment facility shall provide written documentation that the county sheriff's department has been notified in writing regarding the facility's proposed location, hours of operation, programs and treatment methods offered, and staffing levels and qualifications. This same information shall be made available to the planning commission as part of the use-on-review application.

C.

The clinic or facility shall not be located within one thousand (1,000) feet of any school, day care facility, park, church, residential use, pharmacy, or similar facility that sells or dispenses either prescription drugs or over the counter drugs, as measured from property line to property line.

D.

The clinic or facility shall not be located within one thousand (1,000) feet of any establishment that sells alcoholic beverages, for either on- or off-premise consumption, measured from property line to property line.

E.

The facility shall be located on and have access to an arterial street as shown on the Major Road Plan for Knoxville and Knox County, Tennessee.

F.

In reviewing each application, the planning commission may establish additional requirements or conditions of approval to further reduce the impact such a facility may have on surrounding properties.

(Ord. No. O-04-4-101, § 1(Exh. A), 5-24-04; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

This section prescribes the locations and conditions under which pain management clinics may be operated as uses permitted on review in specified zone districts.

4.82.01. Minimum requirements.

A.

Definition. For the purposes of this ordinance, a pain management clinic means a privately-owned facility in compliance with the requirements of T.C.A. §§ 63-1-302—63-1-311 in which a medical doctor, an osteopathic physician, an advanced practice nurse, and/or a physician assistant provides pain management services to patients, a majority of whom are issued a prescription for, or are dispensed, opioids, benzodiazepine, barbiturates, or carisoprodol, but not including suboxone, for more than ninety (90) days in a twelve (12) month period.

B.

This section does not apply to the following facilities as described at T.C.A. § 63-1-302:

1.

A medical or dental school, an osteopathic medical school, a physician assistant program or an outpatient clinic associated with any of the foregoing schools or programs;

2.

A hospital as defined in T.C.A. § 68-11-201, including any outpatient facility or clinic of a hospital;

3.

Hospice services as defined in T.C.A. § 68-11-201;

4.

A nursing home as defined in T.C.A. § 68-11-201;

5.

A facility maintained or operated by the state; or

6.

A hospital or clinic maintained or operated by the federal government.

C.

Certification. Said facility shall maintain in good standing a certificate in compliance with T.C.A. §§ 63-1-306—63-1-309.

D.

Receipts. A pain management clinic, in conformity with T.C.A. § 63-1-310 may accept only a check, credit card or money order in payment for services provided at the clinic, except that a payment may be made in cash for a co-pay, coinsurance or deductible when the remainder of the charge for services is submitted to the patient's insurance plan for reimbursement.

E.

Off-street parking and vehicular operation. Off-street parking shall be provided for the facility at a rate of five (5) spaces per one thousand (1,000) square feet of clinic floor area and the clinic shall assure that all cuing of vehicles takes place on site and not in the public right-of-way.

F.

Location. The clinic shall not be located within one thousand (1,000) feet, as measured from property line to property line, of any school, day care facility, park, church, residential use, pharmacy or similar facility that sells or dispenses either prescription drugs or over the counter drugs; except that the planning commission may reduce this distance upon finding that such reduction of the distance is not detrimental to the health, safety and welfare of the citizens of the area.

G.

Access. The clinic shall be located on property that is adjacent to and has access to an arterial street as shown on the Major Road Plan for Knoxville and Knox County, Tennessee.

H.

In reviewing each application, the planning commission may establish additional requirements or conditions of approval to further reduce the impact such facility may have on surrounding properties.

(Ord. No. O-11-11-102, § 1(Exh. A), 12-19-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

This section defines home occupations and prescribes the conditions under which such occupations may be permitted. The county department of code administration shall approve all home occupations prior to initiation of such activity.

4.90.01. Minimum requirements. Home occupation is a gainful occupation conducted in a dwelling unit and complying with the following:

A.

No person other than household members residing on the premises shall be engaged in such occupation.

B.

Not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

C.

There shall be no change in the outside appearance of the building or premises, nor outdoor storage of anything other than vehicles, or other visible evidence of the conduct of such home occupation with the exception of signs as permitted in section 3.90, "Signs, billboards, and other advertising structures."

D.

No home occupation shall be conducted in any accessory building.

E.

There shall be no sales in connection with such home occupation other than sales of services or sales of products produced on the premises.

F.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be off the street and other than in a required front yard.

G.

No equipment or process shall be used in such home occupation that increases noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a house or attached house, or outside the dwelling unit if conducted in other than a house or attached house.

H.

No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes electrical fluctuations in the line voltage off the premises.

4.90.02. Permitted home occupations. The following occupations, subject to the requirements of the above section, may be permitted as home occupations:

A.

Artist, sculptor, author, craftsperson.

B.

Barber shop and beauty shop, limited to one (1) barber's or beautician's station.

C.

Dressmaker, milliner, seamstress, tailor, interior decorator.

D.

Office of a lawyer, engineer, architect, accountant, broker or manufacturer's representative.

E.

Teaching, including tutoring, musical instruction or dancing, but limited to one (1) pupil per teacher at any given time.

F.

Computer programming and word processing.

G.

Telephone answering service.

H.

Cooking and preserving.

I.

Contractor, subject to permitting by county codes administration and enforcement.

J.

Any other similar use, which the planning commission deems to be a home occupation.

(Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-09-12-101, § 1(Exh. A), 1-25-10; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

This section prescribes conditions under which child day care facilities and group day care homes, when considered as uses permitted on review, may be permitted.

4.91.01. Minimum requirements.

A.

The total lot area shall not be less than ten thousand (10,000) square feet.

B.

The building must provide thirty (30) square feet per child of usable indoor play space, not including halls, kitchen, or office space.

C.

A fenced play area of not less than two thousand five hundred (2,500) square feet for the first twenty (20) children shall be provided. For every additional child, an additional one hundred (100) square feet shall be provided. No portion of the fenced play area shall be closer than thirty-five (35) feet to any public right-of-way. The minimum height of the fence shall be four (4) feet.

D.

Off-street parking, as regulated in section 3.50, "Off-Street parking requirements." In addition, parking and loading areas shall be designed for safe off-street loading and unloading of children, as well as safe and convenient ingress and egress to and from the property. The off-street parking and circulation plan shall be designed to meet the requirements of the department of engineering and public works.

E.

When child day care centers are proposed in commercial or industrial areas, the planning commission shall consider the nature of the surrounding land use and zoning pattern with regard to traffic, noise, pollution, or other hazards that could endanger the health, safety, and welfare of the children.

F.

The planning commission shall consider the above requirements and other information about the site including the functional street classification of the street accessing the site, and the character of surrounding development in determining whether to deny or approve a request. Any approval shall state the maximum number of children to be kept at the facility.

(Ord. No. O-96-3-101, § 1, 4-22-96; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

A.

Purpose. The purpose of this section is to create a legal framework for the siting and appearance of wireless communication facilities through regulations that will:

1.

Promote and protect the public health, safety and welfare, preserve the aesthetic character of the community, and to reasonably regulate the development and operation of wireless communication facilities within the county to the extent permitted pursuant to state and federal law;

2.

Encourage the collocation of antennas on existing towers and structures;

3.

Protect residential zones, historic districts, scenic highways and parkways from excessive development of WCFs by ensuring that towers in or near these areas are only sited when alternative facility locations are not feasible;

4.

Accommodate the growing demand for wireless communication services;

5.

Enable WCF providers to furnish comprehensive and efficient wireless communications service to the community minimizing the adverse impacts of their facilities;

6.

Encourage the use of the latest technology through advances in siting and design;

7.

Establish clear standards for an orderly process for permit application review.

B.

Definitions.

Antenna means one or more rods, panels, discs or similar devices used for wireless communication, which may include, but is not limited to, omni-directional antenna (whip), directional antenna (panel), and parabolic antenna (dish).

Antenna array means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

Base station means a perimeter boundary (often fenced) containing the tower and equipment shelters, and associated equipment that enables wireless communications between user equipment and a communications network.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Distributed antenna system or DAS means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.

Equipment shelter means a building that contains ground related WCF equipment. The shelters are often located in base station areas.

Small cells means compact wireless base stations containing their own transceiver equipment and function like cells in a mobile network but provide a smaller coverage area than traditional cell towers.

Tower means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Tower height means the vertical distance measured from the base of the tower structure at grade to the highest point of the structure, not including lightning rods or antennas.

Transmission equipment means equipment that facilitates transmission for any authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless communication facilities or WCF means a staffed or unstaffed facility or location for the transmission and/or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, a tower or attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets.

C.

Statement of Preferred Locations. There are preferred locations for WCF's within these regulations. The regulations encourage an administrative approval process for collocation, small cell and Distributed Antenna Systems (DAS), and new towers located in the preferred ranking list, see subsections C.3.a through C.3.c. New towers sited in the least preferred location, shall require review by the planning commission, see subsection C.3.d.

1.

Collocation of WCF on an existing tower and attachment to a building or structure should first be sought.

2.

The County regulates the siting and design of small cell and Distributed Antenna Systems (DAS) within its right-of-way through a separate permit process and design guidelines set forth by the Knox County Department of Engineering and Public Works. These zoning regulations address location and design of small cell and DAS towers on lots, see subsection D.2.

3.

New towers shall be an option of last resort. Where new tower construction is absolutely necessary, the following list provides preferred locations, ranked from most preferred (a) to least preferred (d).

a.

Industrial Zones or Business Parks (BP, EC, LI, I);

b.

Commercial or Office zones (CA, CB, PC, SC, CH, CR, CN, OA, OB);

c.

Other zones (OS, A, T, OC);

d.

Residential zones (RAE, RA, RB, PR, E); within two thousand feet (2,000') of a Scenic Highway or Tennessee Parkway; or Historic Districts (HZ).

D.

Development standards.

1.

Locating on an existing tower, structure, and building. New WCF facilities must, to the maximum extent feasible, collocate on existing towers, structures or buildings to avoid construction of new towers, unless precluded by structural limitations, inability to obtain authorization by the owner, or where the existing facility will not meet the service coverage objectives of the applicant.

a.

Existing tower.

1)

An existing tower's height may be extended a maximum of ten percent (10%) higher.

2)

Expansion of a base station to accommodate accessory equipment is permitted provided the base station is designed in accordance with the standards in subsections D.3.f.2 and D.3.h.2.

b.

Existing structures (excluding existing towers) or buildings may accommodate new WCF's, provided antennas and supporting structures are not higher than thirty feet (30') above the highest point of the existing structure or building.

1)

New WCF's should be camouflaged, disguised, or concealed whenever possible to make them compatible and blend into the setting and host structure or building.

2)

Roof-mounted transmission equipment and antennas should be set back from all roof edges to the maximum extent feasible, if b.1 above is not achievable.

2.

New small cell and DAS tower development standards. For the purposes of this ordinance, references to small cell shall also include DAS. All development standards for small cell towers are contained within this subsection and are not subject to subsection 3. New tower development standards.

a.

Tower height. Towers shall not exceed forty feet (40') in height when existing or proposed buildings and structures on the lot are less than forty feet (40') high. In cases where there are taller buildings and structures on the lot, new small cell towers may match the existing, height, up to sixty feet (60').

b.

Collocation. Collocations for two separate wireless service providers on the same support structure is encouraged whenever feasible and safe.

c.

Antennas. The maximum dimensions for panel style antennas shall be thirty inches (30") high and twelve inches (12") wide. The maximum dimensions for canister style antennas shall be forty-eight inches (48") high and sixteen inches (16") in diameter.

d.

Accessory equipment. Shall be contained within a landscaped median, located in a ground vault or mounted on the pole at least eight feet (8') above the ground.

e.

Stealth. WCF's shall be designed to fit into the surrounding area by utilizing existing poles and structures. For example, locating antennas on a parking lot light poles, signs (subject to the restriction of Article 3. Section 3.90), banner poles, or flagpoles.

f.

Setback. Antennas that are located on parking lot light poles or other existing structures are not subject to a minimum setback.

3.

New tower development standards.

a.

Tower type. All new towers shall be either a "Type 1" or "Type 2" monopole design.

1)

"Type 1 Monopole" is sometimes referred to as a slick stick or unipole. It is a type of monopole design where all antenna and related equipment are housed inside the pole structure rather than attached to the exterior of the pole in an effort to conceal the visual impact of the antennas.

2)

"Type 2 Monopole" is a single, ground-mounted, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more external antennas.

b.

Height. The maximum height of new towers is regulated by the zoning districts in section E, Table 1.

c.

Separation. All towers shall have a minimum separation of one thousand five hundred feet (1,500'). This separation standard shall not apply to sites where applicants are proposing a new tower to replace an existing tower. The old tower shall be removed within 60 days of the new tower becoming operational.

d.

Collocation. A new WCF tower proposed for construction must accommodate a minimum of two (2) antenna arrays if the tower is less than one hundred twenty-five feet (125') in height, and at least three (3) antenna arrays if the tower is one hundred twenty-five feet (125') in height or greater. The base station area shall contain adequate space for ground equipment associated with the proposed number of antenna arrays.

e.

Driveway access. Shall be paved and meet the standards of the 2012 International Fire Code (IFC), section 503.1.4. The driveway shall follow the existing topography as much as possible and limit views of the base station from the public street.

f.

Landscaping and screening.

1)

Towers on ridges. Towers should be located below the ridgeline. Preservation or enhancements to the surrounding natural vegetation is encouraged to help camouflage the tower.

2)

Base station.

a)

Landscaping. All landscaping shall be installed and maintained in accordance with this subsection.

(1)

The outside perimeter of the base station shall be planted with at least a twelve foot (12') wide planting area that contains six foot (6') high (at the time of planting) columnar or pyramidal evergreens that will form a solid screen at maturity. A break in the planting area not to exceed twelve foot (12') in width shall be allowed for access.

(2)

Existing vegetation shall be used when feasible to camouflage the base station.

b)

Screening.

(1)

All base stations shall be fenced.

(2)

In residential zones, scenic highway, and historic areas, base stations may include wood or masonry fencing. Fencing shall be designed to blend in with existing surroundings, using architecturally compatible construction and colors.

g.

Equipment shelter.

1)

An equipment shelter used in connection with a WCF shall be limited to four hundred (400) square feet of gross floor area per provider and twelve feet (12') in height.

2)

In residential zones, all equipment shelters should be designed to blend in with existing surroundings, using architecturally compatible construction and colors.

h.

Setbacks.

1)

Towers.

a)

All towers shall be set back from the property line of all properties zoned RAE, RA, RB, PR, E, (not including right-of-way), all properties with an HZ overlay, and any residentially zoned property within the Town of Farragut or City of Knoxville, a minimum distance equal to one hundred ten percent (110%) of the height of the tower.

b)

In all other cases, towers shall meet the building setback requirements of the base zoning district, but not less than twenty five feet (25').

2)

Base station. Perimeter fencing shall meet the setback requirements of the base zoning district, but not less than twenty five (25').

i.

Lighting. For new wireless communication support towers, only such lighting as is necessary to satisfy FAA requirements is permitted. Dual (low intensity) lighting shall be encouraged. All FAA-required lighting shall use lights that are designed to minimize downward illumination. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is permitted as long as full cutoff fixtures are used.

j.

Visual impact. All WCFs in residential zones, within two thousand feet (2,000') of a Scenic Highway or Tennessee Parkway, and Historic Districts shall be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the WCF.

k.

Stealth design/technology. Stealth design is encouraged in all zoning districts. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features (including, but not limited to clock towers, flag poles, or faux-tree). Stealth design shall be designed and constructed to substantially conform to surrounding building designs or natural settings, so as to be visually unobtrusive. Stealth design that relies on screening wireless communications facilities in order to reduce visual impact must screen all substantial portions of the facility from view. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind that are not native to East Tennessee and out of scale with natural vegetation.

E.

Summary of development standards. Table 1 summarizes the development standards found in subsection D, the following also apply to information found within this table:

1.

Collocation is encouraged in all zoning districts;

2.

Any tower within an Industrial, Office or Commercial District that is within two hundred fifty feet (250') of a residentially zoned property shall be a Type 1 Monopole and shall not exceed one hundred twenty five feet (125') in height;

3.

The criteria for new towers within two thousand feet (2,000') of a Scenic Highway or Tennessee Parkway shall be the same as Residential Districts; and

4.

Within overlay districts, the stated tower criteria shall take precedence over the base zoning district.

F.

Types of review.

1.

Chief building official review. The chief building official or their designee shall review collocations on existing towers.

2.

Planning commission review. There are two (2) levels of review that are made by the planning commission.

a.

Level I. This is an administrative review by the Planning Commission Executive Director or their designee. Level 1 review is for collocations on existing structures or buildings and new towers, consistent with subsection E, table 1.

b.

Level II. This review is the planning commission. Level II review is for new towers, consistent with subsection E, table 1 and for exceptions to height and spacing standards, consistent with J. exceptions to standards.

G.

Procedures for Level I review. Planning commission staff shall determine if the application complies with the ordinance by approving or denying an application. If an approval is granted a WCF Certificate of Appropriateness (COA) will be issued. The following procedures regulate the WCF COA procedures:

1.

A determination shall be decided within forty-five (45) days of a complete application, and the applicant shall be provided with a written notice of approval or denial.

2.

If approved, an applicant will be issued a WCF COA.

3.

Anyone aggrieved by an approval or denial shall have fifteen (15) calendar days to appeal the decision to the planning commission.

4.

No building permit shall be issued until after the appeal period has expired or if the decision is appealed, the appeal has been resolved.

H.

Procedures for Level II review.

1.

Approval or denial. The planning commission shall determine if the application complies with the ordinance by approving or denying an application.

2.

Public hearing. The planning commission shall hold a public hearing subsequent to notification consistent with its administrative rules and procedures.

3.

Restrictions. In the exercise of its approval, the planning commission may impose such conditions regarding the location, character or other features of the proposed WCF as it may deem advisable in the furtherance of the general purposes of this ordinance.

4.

Time limit and notification. An application shall be decided within forty-five (45) days of the date of the application being complete, unless the applicant agrees to a postponement. The applicant shall be provided with a written notice of approval or denial.

5.

Effective date of approval; issuance of permit.

a.

Planning commission approval shall become effective sixteen (16) days from the date of the public hearing at which approval is granted.

b.

No building permit shall be issued prior to the effective date of approval.

c.

The building permit shall be issued subject to all conditions and requirements stipulated by the planning commission.

6.

County commission review of action of commission. Any person, firm or corporation aggrieved by any decision of the planning commission may petition the county commission to consider the same in accordance with the provisions set forth in article VII, section 6, subsection F of this ordinance.

7.

Validity of plans. All approved plans, conditions, restrictions, and rules made a part of the approval of the planning commission shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.

8.

Further information. The planning commission may request feedback from TTCDA when a WCF is located within the Technology Overlay (TO) district or from the historic zoning commission when a WCF is located within Historic (HZ) districts.

I.

Application submittal requirements. In addition to the application information required by Knox County Code Chapter 10— Buildings and Building Regulations, applications under this ordinance shall include the following application materials. An application shall be filed with the planning commission on forms provided for that purpose.

1.

General requirements.

a.

For public hearing review, a pre-application meeting with planning commission staff is required.

b.

Letter of Commitment. The applicant shall provide a written letter of commitment from at least one cellular provider to locate on an existing or proposed facility.

c.

Site plans. Complete and accurate plans and drawings to scale, prepared, signed and sealed by a Tennessee-licensed engineer, land surveyor and/or architect, including:

1)

Plan views and elevations showing tower, base station, fencing, landscaping, associated ground equipment, driveway design, lease area, and access and utility easements. All items shall include required dimensions;

2)

Identification of distances to the lot lines for adjoining properties and right-of-way from proposed tower and base station.

d.

Statement of Purpose. A clear and complete written Statement of Purpose shall minimally include:

1)

A description of the technical objective to be achieved, whether it be to close a gap or address a deficiency in coverage, capacity, frequency and/or change in technology;

2)

A scaled map that identifies the proposed site location and the targeted service area. The map will be used to determine potential collocation and preferred siting opportunities.

e.

If existing vegetation is to remain to help screen the proposed facility, a written landscape preservation agreement between the landowner and lessee may be required.

f.

All other information and/or materials that the planning commission may require.

2.

Collocation consent. A written statement, signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed WCF whenever technically and economically feasible and aesthetically desirable.

3.

Additional requirements for new small cell. Each applicant shall submit a summary that explains how it arrived at the structure and design being proposed.

4.

Additional requirements for new tower.

a.

Collocation and alternative sites analysis.

1)

Collocation Requirement for all New Towers. All applications for a new tower shall demonstrate that existing towers within one mile and other structures and buildings within a half mile are not feasible for collocation, consistent with subsection D.1.

a)

For all new towers the applicant shall provide a description of why each tower within one (1) mile of the proposed WCF is not feasible for collocation.

b)

For existing structures and buildings the applicant shall provide a description of why they are not feasible for collocation.

2)

Alternative Site Analysis. All towers in a residential zone, within two thousand feet (2,000') of a Scenic Highway or Tennessee Parkway, historic district or within two hundred fifty (250) feet of a residential zone.

a)

The tower location preferences located in subsection C.3 must be addressed in a clear and complete written alternative site analysis that shows at least five (5) higher ranked preferred locations, alternative sites considered to the extent that such higher ranked alternative sites are located within one (1) mile of the proposed site. A factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate. An applicant may reject an alternative tower site for one (1) or more of the following reasons:

(1)

Inability to obtain authorization by the owner;

(2)

Failure to meet the service coverage objectives of the applicant;

(3)

Failure to meet other engineering requirements for such things as location, height and size;

(4)

Zoning constraints, such as the inability to meet setbacks;

(5)

Physical or environmental constraints, such as unstable soils or wetlands; and/or

(6)

Being a more intrusive location despite the higher priority in this chapter.

A complete alternative sites analysis provided under this subsection may include less than five (5) alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least five (5) potentially available, higher ranked, alternative sites.

b.

Visual analysis. For public hearing reviews, the applicant shall provide color photo simulations of the proposed tower. The photo simulations shall include before and after images of the site, taken from at least four (4) different perspectives and a map identifying the locations that the photos were taken.

c.

Design justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

J.

Exceptions to standards. A proposed WCF may exceed the maximum height and reduce the minimum spacing contained within subsection D, provided the applicant can demonstrate that technically neither coverage nor capacity can be achieved using these standards. The exception will be a Level II review.

K.

Final inspection. Certificate of Completion will only be granted upon satisfactory evidence that the WCF was installed in compliance with the approved plans.

L.

Maintenance.

1.

The WCF site, including all landscaping, fencing and related transmission equipment must be maintained in accordance with all approved plans.

2.

All graffiti on WCFs must be removed at the sole expense of the permittee after notification by the County to the owner/operator.

M.

Tower replacement. A legally existing WCF may be replaced on the same site provided they are in compliance with this section. The old tower shall be removed within sixty (60) days of the new tower becoming operational.

N.

Removal of abandoned towers. The following regulations shall apply to ensure the removal of abandoned towers:

1.

The owner of any telecommunications tower shall provide written notification to the chief building official within thirty (30) days of the occurrence of either or both of the following:

a.

The tower has changed ownership.

b.

Use of all telecommunications antennas on the tower has ceased.

2.

All towers permitted under the requirements of these regulations that are not operated for telecommunications purposes for a continuous twelve (12) month period shall be considered abandoned, and the owner of such tower shall remove same within ninety (90) days of receiving notice from the chief building official. Failure to do so shall be deemed a violation of these regulations. The owner of the tower may appeal the decision of the chief building official to the Knox County Board of Zoning Appeals. At such hearing the owner shall be required to show just cause why the tower should not be considered abandoned and subject to removal.

3.

At the time a request for a building permit is made, the applicant shall provide proof of the establishment of a financially secured and legally enforceable method of removing a telecommunications tower when it ceases to be used for a period of twelve (12) months. This may be in the form of a bond, a letter of credit or some other financial arrangement approved by the County Finance Director for financial adequacy and the County Law Director for legal enforceability. Such bond or other approved financial surety shall be maintained by the owner of the tower so long as the tower exists.

O.

Independent review. The planning commission may retain the services of an independent, qualified radio frequency technical expert of its choice to provide technical evaluation of permit applications for WCFs, including administrative and public hearing review. The technical expert review may include, but is not limited to: (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analysis and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed WCF complies with the applicable approval criteria set forth in this chapter.

P.

Exempt facilities. The following facilities are exempt from article 4, section 4.92:

1.

FCC licensed amateur (ham) radio facilities;

2.

Satellite earth stations, dishes and/or antennas used for private television reception not exceeding three feet (3') in diameter;

3.

A government-owned WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the County; except that such facility must comply with all federal and state requirements;

4.

A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to approval by the County; and

5.

A temporary tower may be used for a period of ninety (90) days to allow repair of a damaged permanent WCF, subject to approval by the County. Such temporary tower shall comply with applicable setbacks and height requirements.

(Ord. No. O-17-10-101, § 1(Exh. A), 11-20-17; Ord. No. O-22-2-101, §§ 1, 2, 3-28-22)

Editor's note— Ord. No. O-17-10-101, § 1(Exh. A), adopted Nov. 20, 2017, repealed and reenacted § 4.92 to read as herein set out. Formerly, § 4.92 pertained to the standards for commercial telecommunications facilities and derived from Ord. No. O-96-5-102, § 3, 6-21-96; Ord. No. O-98-12-101, § 1(Exh. A), 1-25-99; Ord. No. O-00-4-101, § 1(Exh. A), 5-22-00; Ord. No. O-00-8-101, § 1(Exh. A), 9-25-00; Ord. No. O-01-12-103, § 1(Exh. A), 2-25-02; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12.

In addition to the requirements set forth in article 5, "Zone regulations," of the zoning ordinance for the county, the following regulations shall apply to self-service storage facilities:

4.93.01. Standards for use-on-review approval of outdoor self-service storage facilities.

A.

Access to the site shall be from a street identified as a major collector or arterial on the Major Road Plan for Knoxville and Knox County, Tennessee.

B.

Off-street parking, access and driveways must be provided as regulated in article 3, "General provisions." In addition, a minimum twenty-six (26) foot parking/driveway lane shall be provided adjacent to all buildings when the buildings open only to one side of the lane and a minimum thirty (30) foot lane when the buildings open to both sides of the lane. All parking/driveway lanes shall be paved.

C.

Maximum size for each individual storage unit shall be six hundred (600) square feet.

D.

Total lot area shall be not less than two (2) acres.

E.

All outdoor lights shall be shielded to direct light and glare only onto the self-service storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

F.

A minimum six-foot high opaque fence shall be provided and set back a minimum five (5) feet from any side or rear property line when the self-service storage facility site abuts a residential zone. The area between the property line and the opaque fence shall be landscaped with evergreen and/or deciduous plant material and suitable ground cover, such as grass, bark, ornamental gravel, or a combination thereof. In addition, in all cases landscaping shall be placed in the required front yard of the self-service storage facility.

G.

Any proposed outdoor storage areas shall be shown on a site plan for the facility. Outside storage of any materials will be governed by the specific requirements of the zone in which the facility is located. In no case shall parking areas or driveways be used for storage.

H.

The following uses shall be prohibited on a self-service storage facility site:

1.

The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment, except for purposes of construction and repair of the self-service storage facility.

2.

Any use that is noxious or offensive because of odors, dust, fumes, or vibrations.

3.

The storage of hazardous materials.

4.93.02. Standards for the use-on-review approval of self-service storage facilities in the CN zoning district.

A.

The total area developed for the self-service storage facility shall not exceed five (5) acres.

B.

The footprint of any individual structure shall not exceed five thousand (5,000) SF.

C.

No outdoor storage shall be permitted.

D.

Narrow end of structures must be oriented to the adjacent public street/road. If topography or other site constraints prevent this orientation, the buildings not so oriented shall be screened from the public street/road with a vegetated buffer as described in H below.

E.

Street facing facade must be masonry, wood, or other high-quality material (no vinyl or metal).

F.

Storage buildings shall be located behind other structure(s) or setback a minimum of sixty (60) feet from the right-of-way of any public street or road.

G.

All site lighting shall be full cut-off fixtures.

H.

Structures shall be buffered from residentially zoned property with a vegetated buffer with a minimum width of fifteen (15) feet planted with a mix of deciduous and evergreen trees and shrubs (three (3) large maturing evergreen trees (minimum height at planting — 6 feet), two (2) large maturing deciduous trees (minimum 2 inch caliper at planting), two (2) small maturing trees (deciduous or evergreen, minimum 1 ½ inch caliper at planting), and ten (10) shrubs per 100 linear feet). Existing vegetation may be used to provide a portion or all of the required buffer planting.

I.

Use of chain link and barbed/razor wire fencing adjacent to residentially zoned property shall be prohibited unless such fencing is screened by vegetation as described in subsection 4.93.02.H above.

J.

No sales shall be permitted on site other than of incidental items, such as storage boxes and locks for storage units.

K.

The portion(s) of the business open/accessible to the general public shall be closed between the hours of 7:00 p.m. and 7:00 a.m. Storage units may be accessible to their renters at any time.

4.93.03. Standards for the use-on-review approval of indoor self-service storage facilities in the CA Commercial General, CB General Business, CR Rural Commercial, and LI Light Industrial zoning districts:

A.

Access to the site shall be from a street identified as a major collector or arterial on the Major Road Plan for Knoxville and Knox County, Tennessee.

B.

Off-street parking, access, and driveways must be provided as regulated in Article 3. General provisions. In addition, a minimum twenty-six (26) foot parking/driveway lane shall be provided adjacent to all sides of buildings that have entrances for loading and unloading stored items. All parking/driveway lanes shall be paved.

C.

Total lot area shall be not less than one (1) acre.

D.

All outdoor lights shall be full cut-off and shall be shielded and located to direct light and glare only onto the storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

E.

When the storage facility property abuts a residential zoning district, a landscaped buffer with a minimum width of twenty (20) feet shall be provided between the proposed development, including buildings, parking areas, and access drives, and the abutting residentially zoned property. This landscaped buffer shall be planted with a minimum of:

• One (1) shrub per three (3) linear feet,

• One (1) evergreen tree per twenty (20) linear feet, and

• One (1) shade tree per thirty (30) linear feet.

Sixty percent (60%) of the landscape area outside of shrub and tree masses must be planted in live groundcover, perennials, or ornamental grasses. Stone, mulch, or other permeable landscape materials may be used for the remaining area. Where the buffer yard incorporates a wall, solid fence (minimum height 6'), or berm, or a combination of these, the buffer yard width may be reduced to twelve (12) feet.

F.

The development, including buildings and parking areas, shall be separated from the street or road by a planting strip located adjacent to the street or road. The planting strip shall have a minimum width of six (6) feet, unless otherwise required by this ordinance, measured from the edge of the street/road right-of-way or, if there is no right-of-way, from the edge of the pavement. The planting strip shall be planted with one tree per thirty (30) feet of street frontage. Access drives and utility crossings may cross the planting strip, but should do so at a perpendicular. Trees may be clustered but a minimum separation of fifteen (15) feet should be maintained between trees.

G.

All self-service storage activities must be contained within a building and must be conducted exclusively indoors. Individual storage units shall be accessed only from inside a building.

H.

Use of chain link and barbed/razor wire fencing adjacent to residentially zoned property shall be prohibited unless such fencing is screened by vegetation as described in subsection 4.93.03.E above.

I.

No sales shall be permitted on site other than of incidental items, such as storage boxes and locks for storage units.

J.

Buildings shall incorporate architectural details to break up the massing and to avoid the appearance of a blank façade. The architectural details may include, among others, a distinctive change in colors and materials, offsets with a minimum depth of three (3) feet, and canopies/awnings. The first floor street facing façade of buildings shall have a minimum transparency of ten percent (10%).

K.

Building materials and visual elements used on the primary building façade must continue on all building façades that are visible from the public right-of-way.

(Ord. No. O-98-10-102, § 1(Exh. A), 11-16-98; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-18-10-102, § 1(Exh. A), 11-19-18)

The following property standards shall apply when considering a sports playing field as a use permitted on review.

4.94.01. Minimum requirements.

A.

Multiple play fields shall be arranged in an orderly manner, where possible, and adequate spacing shall be provided between fields so as to avoid conflicts or dangerous conditions during simultaneous activities. Other arrangements may be approved where topographical constraints are evident.

B.

Main buildings or accessory structures must be directly associated with the primary use and must conform to the criteria set forth in this resolution. Concessions may be permitted in a nonprofit status in zones where commercial uses are not permitted and may provide service only during scheduled events.

C.

A peripheral boundary of not less than fifty (50) feet is required for sports playing fields, equipment, off street parking, and accessory structures when the site abuts a residential zone or a zone permitting residential uses. The periphery is to be left as a natural buffer or landscaping may be required to provide a buffer. The planning commission may reduce this setback but not to less than that required of the zoning district.

D.

Off-street parking requirements shall be determined by the planning commission during the use-on-review process.

E.

The total lot area of the development shall not be less than that required to conform to criteria as set forth in this resolution.

F.

The site shall have suitable access to a street or roadway so that no significant hazard to the public safety is created nor harm to adjacent residential areas is a result.

G.

Where sports playing fields are already established in the county, plans for expansion or improvements to any structures or open areas intended for use as, or associated with, a sports playing field shall be submitted to the planning commission for approval. Open areas where field sports may occur in an unorganized or impromptu manner, where no new improvements are necessary for these activities to occur, are exempt from these provisions.

(Ord. No. O-98-12-102, § 1(Exh. A), 1-25-99; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Solid waste processing facilities are permitted as uses on review in the I (Industrial) Zone. These facilities are subject to the requirements of subsections 4.10.14 through 4.10.19, "Development standards for uses permitted on review," and section 6.50, "Procedure for authorizing uses permitted on review." These facilities are also subject to the following standards and requirements:

4.95.01. Minimum requirements.

A.

The site for a solid waste processing facility shall be located on an arterial street, as defined by the Major Road Plan for Knoxville and Knox County, Tennessee, or on a major collector street, as defined by the Major Road Plan for Knoxville and Knox County, Tennessee, that has acceptable, direct access to an arterial street.

B.

A use-on-review application for a solid waste processing facility shall include the following:

1.

A scaled site plan, prepared by a registered engineer, that shows the following information:

a.

Storage areas for materials before and after they are processed.

b.

Location of all structures on the site.

c.

Vehicular and pedestrian circulation, including points of access to the site, loading and unloading areas, and areas for employee and customer parking.

d.

Proposed landscaping and buffer areas.

e.

Existing topography, vegetation and drainage network, including streams, sinkholes and wetlands.

2.

A plan of operations that includes the following information:

a.

A detailed description of the types of materials that will be processed on the site and how these materials will be processed.

b.

A description of the procedures needed to minimize any noise, litter, lighting, or odors created by the proposed facility that may have an adverse impact on nearby properties.

c.

A description of the method for providing twenty-four (24) hour secured access control to the site and a statement of the hours of operation.

d.

A description of the methods for the protection from adverse impact of any streams, sinkholes and wetlands, as identified on the site.

C.

A solid waste processing facility shall also comply with the following requirements:

1.

No structure or area where solid waste materials are to be processed or stored shall be located closer than one hundred (100) feet to the boundary of the proposed site. Within this setback, a landscape buffer shall be required where the proposed solid waste facility shares a common boundary with property zoned residential or agricultural. The landscape buffer shall be a minimum six (6) foot high, continuous evergreen screen. The landscape buffer may be waived or reduced by the planning commission if they find that the screening is not needed.

2.

A fence shall enclose each site at its external boundaries. This fence shall be a minimum of six (6) feet in height. The fence may be located inside the property line to accommodate any required landscape screening.

3.

All access roads and parking areas are to be constructed so as to be accessible in all weather conditions.

4.

Except for composting facilities utilizing landscaping and land clearing wastes only, all waste handling, including loading and unloading, at the facility shall be conducted on paved surfaces.

5.

No storage of solid waste materials will be permitted except in containers, bins, lined pits or on paved surfaces designated for such storage.

6.

Prior to the issuance of building permits, the site plan and plan of operations for the proposed solid waste processing facility shall be reviewed and approved by the county health department, state department of environment and conservation, the county air quality management department, and the county solid waste division, consistent with their application and permitting procedures and regulations.

(Ord. No. O-99-8-101, § 1, 9-27-99; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Commercial mulching operations are permitted as uses on review in the A, Agricultural Zone and CA, General Business Zone. These operations are subject to the requirements of subsections 4.10.14 through 4.10.19, "Development standards for uses permitted on review," and section 6.50 "Procedures for authorizing uses permitted on review." These facilities are also subject to the following standards and requirements:

4.96.01. Minimum requirements.

A.

The site for a commercial mulching operation shall be located on an arterial street, as defined by the Major Road Plan for Knoxville and Knox County, Tennessee, or on a major collector street, as defined by the Major Road Plan for Knoxville and Knox County, Tennessee, that has acceptable, direct access to an arterial street.

B.

A use-on-review application, or building permit application, for a commercial mulching operation shall include the following:

1.

A scaled site plan that shows the following information:

a.

Storage areas for materials before and after they are processed.

b.

Location of all permanent structures on the site.

c.

Vehicular and pedestrian circulation, including points of access to the site, loading and unloading areas, and areas for employee and customer parking.

d.

Proposed landscaping and buffer areas.

2.

A description of the procedures needed to minimize any noise, litter, lighting, or odors created by the proposed operation that may have an adverse impact on nearby properties.

C.

A commercial mulching operation shall also comply with the following requirements:

1.

No structure or area where mulch materials are to be processed or stored shall be located closer than fifty (50) feet to the boundary of the proposed site. Within this setback, a landscape buffer shall be required where the proposed commercial mulching operation shares a common boundary with property zoned residential or agricultural. The landscape buffer shall be a minimum six (6) foot high, continuous evergreen screen. The landscape buffer may be waived or reduced by the planning commission, or by the director of code administration and enforcement, if they find that the screening is not needed.

2.

All access roads and parking areas are to be constructed so as to be accessible in all weather conditions.

3.

Prior to the issuance of building permits, the plan for the proposed commercial mulching operation shall be reviewed and approved by the county health department and the county solid waste division, consistent with their application and permitting procedures.

(Ord. No. O-99-8-101, § 1, 9-27-99; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Indoor paintball and airsoft ranges are permitted uses in the CA, General Business, CB, Business and Manufacturing, and I, Industrial Zones, and subject to the requirements of subsection 4.97.01.C. below. Indoor paintball and airsoft ranges are allowed as a use permitted on review in the A, Agricultural, Zone as permitted in subsection 4.97.01.C.2. below. Outdoor paintball and airsoft ranges are permitted as uses on review in the A, Agricultural, CB, Business and Manufacturing, and I, Industrial Zones, and subject to the requirements of subsections 4.10.14 through 4.10.19, "Development standards for uses permitted on review," and section 6.50, "Procedures for authorizing uses permitted on review." Outdoor paintball and airsoft ranges are also subject to the standards and requirements of subsections 4.97.01.A and B. below.

4.97.01. Minimum requirements.

A.

A use-on-review application for an outdoor paintball or airsoft range shall include the following:

1.

A site plan drawn to scale that shows the following information:

a.

Location of any permanent structures on the site and designation of areas for playing, staging, tune-up, and spectators.

b.

Vehicular and pedestrian circulation, including points of access to the site, loading and unloading areas, and areas for employee and customer parking.

c.

Proposed landscaping and buffer areas.

d.

Location and description of signs used for directing participants, employees and spectators for the protection of their safety and welfare.

2.

A plan of operations which shall specify the following:

a.

Days and hours of operation.

b.

Procedures needed for the safety and protection of participants, employees and spectators, including a description of any safety equipment that will be required to be worn by participants, employees and spectators.

c.

Procedures needed to minimize any noise, litter, lighting, traffic, or other forms of pollution created by the proposed operation that may have an adverse impact on the proposed paintball or airsoft range, as well as surrounding properties. This shall include the proper storage, maintenance and use of CO2 and other compressed air fuel stations based on standards adopted by the state department of transportation.

d.

Number of employees per workday shift which shall be a minimum of one (1) employee for every fifteen (15) participants.

e.

Description of the type of paintball and airsoft guns that will be allowed to be used on the paintball or airsoft range.

3.

Prior to the issuance of any building permits, the site plan and plan of operations shall be reviewed and approved by the county sheriffs department, the county health department, and the state department of transportation.

B.

An outdoor paintball or airsoft range shall also comply with the following requirements:

1.

No outdoor paintball or airsoft range shall be located within five hundred (500) feet of an existing residential district, place of worship, school or day care facility. This distance shall be measured from the property line of the outdoor paintball or airsoft range to the affected building or structure.

2.

No outdoor storage shall be allowed.

3.

Any outdoor public address system shall be limited to announcements regarding the beginning and ending of each paintball or airsoft competition, as well as announcements related to the maintenance of on-site safety procedures and regulations.

4.

No outdoor lighting shall be allowed other than for building access, parking area and signs. Nighttime use of a paintball or airsoft range may be permitted if in the opinion of the planning commission such use will not be disruptive to the surrounding area. In these cases, playing, staging, tune-up and spectator areas will be required to be lighted.

5.

A minimum two hundred (200) foot buffer zone between the property line of the outdoor paintball or airsoft range and the playing, staging, tune-up, and spectator areas shall be maintained. This buffer width may be reduced when a fence, wall, or nylon mesh screen, or combination thereof, is installed and in the opinion of the planning commission, the proposed buffer and screening will protect adjacent properties and public right-of-way from fired projectiles.

6.

A twenty (20) foot high, nylon mesh screen shall be installed to separate the playing, staging, tune-up and spectator areas from the two hundred (200) foot buffer zone, or as otherwise approved by the planning commission in accordance with subsection B.5 above. This screen shall be anchored at the bottom and secured by a non-stretchable cable at the top and bottom. Two (2) such screens shall be installed a minimum of five (5) feet apart to separate the spectator area from the playing area.

7.

The minimum lot size for each outdoor paintball or airsoft range shall be ten (10) acres. The minimum lot size may be reduced by the planning commission when the buffer area is reduced and an alternative screening plan is approved in accordance with subsection B.5. above.

C.

An indoor paintball or airsoft range shall comply with the following requirements:

1.

The minimum size for an indoor paintball or airsoft range shall be twenty-five thousand (25,000) square feet. The minimum size of an indoor paintball or airsoft range may be reduced by the planning commission when associated with an outdoor paintball or airsoft range under the same management.

2.

An indoor paintball or airsoft range may be located in the A, Agricultural, Zone only when associated with an approved outdoor paintball or airsoft range and shall not be located within five hundred (500) feet of an existing residential district, place of worship, school or day care facility. This distance shall be measured from the property line of the indoor range to the affected building or structure.

3.

Prior to the issuance of any building permits, a plan of operations shall be submitted for review and approval to the director of codes enforcement and administration. The plan of operations shall also be submitted for review and approval to the county sheriff's department, the county health department, and the state department of transportation. The plan shall include the following information:

a.

An interior floor plan designating areas for playing, staging, tune-up, and spectators.

b.

A description of signs used for directing participants, employees and spectators for the protection of their safety and welfare. The location of these signs shall be shown on the interior floor plan.

c.

Days and hours of operations.

d.

Procedures needed for the safety and protection of participants, employees and spectators, including a description of any safety equipment that will be required to be worn by participants, employees and spectators.

e.

Procedures for the proper storage, maintenance and use of CO2 and other compressed air fuel stations based on standards adopted by the state department of transportation.

f.

Number of employees per workday shift which shall be a minimum of one (1) employee for every fifteen (15) participants.

g.

Description of the type of paintball and airsoft guns that will be allowed to be used on the paintball or airsoft range.

(Ord. No. O-00-11-106, § 1(Exh. A), 1-4-01; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-17-7-102, § 1(Exh. A), 8-28-17)

This section prescribes conditions under which adult day care facilities, when considered as uses permitted on review, may be permitted.

4.98.01. Minimum requirements.

A.

The total lot area shall not be less than ten thousand (10,000) square feet.

B.

The building must provide forty (40) square feet per client of indoor activity space, not including bathrooms, storage areas, or office space.

C.

Off-street parking, as regulated in section 3.50, "Off-street parking requirements." In addition, parking and loading areas shall be designed for safe off-street loading and unloading of clients, as well as safe and convenient ingress and egress to and from the property. The off-street parking and circulation plan shall be designed to meet the requirements of the department of engineering and public works.

D.

When an adult day care facility is proposed in commercial or industrial areas, the planning commission shall consider the nature of the surrounding land use and zoning pattern with regard to traffic, noise, pollution, or other hazards that could endanger the health, safety, and welfare of the clientele.

E.

The planning commission shall consider the above requirements and other information about the site including the functional street classification of the street accessing the site, and the character of surrounding development in determining whether to deny or approve a request. Any approval shall state the maximum number of clients to be kept at the facility.

F.

If applicable, the adult day care facility must be licensed by the state department of human services.

(Ord. No. O-01-2-103, § 1(Exh. A), 3-26-01; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

This section prescribes conditions under which certain agricultural uses may be permitted as uses on review in the CA, General Business, and CB, Business and Manufacturing, Zones.

4.99.01. Minimum requirements.

A.

There shall be a minimum lot size of twenty (20) acres.

B.

There shall be a minimum setback of one hundred (100) feet when the use adjoins a residential, office or commercial zone.

C.

A landscape screen, or similar opaque screen, as may be approved by the planning commission, shall be provided along all side and rear property lines.

D.

Uses shall comply with the commercial performance standards of article 4, section 1, "Performance standards for commercial and industrial uses," of the zoning ordinance.

E.

Uses shall comply with all applicable requirements of the county health department.

(Ord. No. O-02-11-101, § 1(Exh. A), 12-16-02; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

4.100.01. General standards.

A.

Residential dwelling units may be occupied by a family, a "functional family" consistent with the criteria established by this ordinance, or any one of the following groups or persons, where one or more of whom is not related by blood, marriage, adoption, or guardianship, including foster children:

1.

Two (2) unrelated persons and any of their children by blood, marriage, guardianship, including foster children, or adoption;

2.

Up to three (3) persons in the A, Agricultural, E, Estates, RA, Low Density Residential, RAE, Exclusive Residential Zone districts and in houses, attached houses, and duplexes within any RB, General Residential, TC, Town Center, or PR, Planned Residential Zone districts;

3.

Up to four (4) persons in condominium multi-dwelling structures within any RB, General Residential, TC, Town Center, or PR, Planned Residential Zone districts and any other zone district that allows residential uses, according to the following schedule:

a.

Up to two (2) people in one (1) or two (2) bedroom dwelling units;

b.

Up to three (3) people in a three (3) bedroom dwelling unit; and

c.

Up to four (4) people in a four (4) or more bedroom dwelling unit; or

4.

Up to five (5) persons in multi-dwelling structures or developments except condominium multi-dwelling structures within the RB, TC or PR Zone districts and any other zone district that allows residential uses.

B.

Any nonconforming use created by the adoption of these standards which was a legal use at the time of adoption shall be permitted to continue through July 31, 2007. After which date, the use of such dwelling shall be in compliance herewith. Any use established prior to or subsequent to the adoption of these standards, which use did violate and continues to violate the standards of this chapter, is illegal, 6.20, "Enforcement."

(Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

4.101.01

A.

A functional family may be up to five (5) persons, one or more of whom are unrelated by blood, marriage, adoption, or guardianship, including foster children, who are living as a household, and any domestic employees thereof, in all zone districts allowing residential uses, and must meet the following criteria:

1.

The occupants must share the entire dwelling unit. A dwelling unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family.

2.

The household must have stability with respect to the purpose of this section. Evidence of stability includes the following:

a.

Extended family or minor dependent children reside in the household, and school age children are enrolled in local schools and/or in compliance with compulsory education laws.

b.

Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food.

c.

Members of the household are not legally dependent on others not part of the household.

d.

Members of the household have the same address for purposes of voter registration, drivers licenses, motor vehicular registration, or the filing of taxes.

e.

Common ownership of the dwelling unit or furnishings among members of the household.

f.

Employment of householders in the local area.

g.

Members of the household share a strong common bond or commitment (e.g. religious group or organization).

h.

Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

3.

Two (2) off-street parking spaces must be provided. Additional parking spaces may be required if any of the following conditions are evident:

a.

The property is located more than three hundred (300) feet from access to public transportation.

b.

Street parking available for visitor parking is limited.

c.

The petitioner intends to park more than two (2) vehicles regularly on the site and there is limited area available for tandem parking in a driveway. In order to determine if adequate parking will be provided, the petitioner must submit a plan indicating the location of proposed off- street parking and an analysis of public parking and transit facilities provided within a 300-foot radius of the parcel.

4.

Functional family does not include any society, club, fraternity, sorority, association, lodge, organization, groups of students, or other individuals where the common living arrangement or basis for the establishment of the household is temporary, or any group of individuals who are in a group living arrangement as a result of criminal offenses.

5.

Determination of functional family status shall be made annually by the appropriate permitting official. The burden will rest upon the individuals claiming functional family status to submit information to the office to substantiate their claim. Any person aggrieved by any administrator's determination may appeal as provided in this ordinance.

(Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Contractor's storage yards are allowed as a use-on-review in the CR, Rural Commercial, and CA, General Business, Zones. Contractor's storage yards are subject to the requirements of subsections 4.10.14 through 4.10.19, "Development standards for uses permitted on review," and section 6.50, "Procedures for authorizing uses permitted on review." Contractor's storage yards are also subject to the following standards and requirements:

4.102.01. Minimum required information. A use-on-review application, or a building permit application for an approved use-on-review, for a contractor's storage yard in the Rural Commercial (CR) or General Business (CA) Zone shall include the following:

A.

A scaled site plan that shows the following information:

1.

Storage areas for materials and equipment.

2.

Parking and maintenance areas for business vehicles.

3.

Location of all buildings and structures on the site.

4.

Vehicular and pedestrian circulation on the site, including points of access to the site from a public road, loading and unloading areas, and areas for employee and customer parking.

5.

Required or proposed landscaping and buffer areas.

6.

Required or proposed screening and fencing of storage yards.

7.

Proposed lighting plan, including location and specifications of light standards, lighting fixtures and lighting directions.

8.

Any other information as might reasonably be required by the planning commission for use in making a thorough evaluation of the proposal.

B.

A description of all vehicles, trailers, and equipment stored, maintained or used by the business on the property.

C.

A description of all fuel, chemicals or commodities and the amount of each that will be stored on site.

D.

The range of number of employees throughout the year and the average number of employees at any time.

4.102.02. Minimum development requirements.

A.

Road access. The site shall be located on an arterial or collector road, as defined by the Major Road Plan for Knoxville and Knox County, Tennessee, provided that the county department of engineering may certify alternative access.

B.

Minimum parcel size. The minimum area of the parcel must be one (1) acre.

C.

Maximum storage area size. The maximum size of the contractor's storage yard, as shown on the site plan, is forty (40) percent of the parcel area.

D.

Relationship to floodplain. The storage yard shall be located completely outside the one hundred (100) year floodplain, as described by the KGIS FIRM map.

E.

Setback of storage areas. All storage areas associated with the contractor storage yard shall be no less than twenty-five (25) feet from any property line.

F.

Storage yard screening and fencing. Equipment, parking facilities and material storage areas must be screened from adjoining properties as established on the site plan.

G.

Lighting, noise and other impacts. The site shall meet the performance standards described at subsections 4.10.01 through 4.10.11, "Supplemental regulations applying to a specific, to several or to all zones," of this ordinance. For purposes of these standards, a contractor's storage yard is not the same as a parking or loading area.

H.

Other approvals. Prior to issuance of building permits, the approved use-on-review site plan and conditions for the proposed contractor's storage yard shall be reviewed and approved by the county codes administration and inspections department, the county health department and the county solid waste division, consistent with their application and permitting procedures.

4.102.03. Other review criteria.

A.

Scale of operation. The planning commission may limit the scale of proposed operations so as to prevent adverse impacts on adjoining parcels. A contractor's storage yard in the CR, Rural Commercial, Zone should be of a scale so that the proposed storage yard is compatible with existing or proposed uses on adjacent parcels or in the immediate vicinity. Adequate setbacks and buffers must be provided so as to prevent adverse impacts on adjoining parcels.

B.

Number of employees. The planning commission may limit the number of employees so as to prevent adverse impacts on adjoining parcels. Adequate parking must be provided on site so as to prevent adverse impacts on adjoining parcels.

C.

Hours of operation. The planning commission may limit hours of operation and other on-site activities so as to prevent adverse impacts on adjoining parcels. A larger site with greater setbacks and buffering may allow greater activity.

D.

Size of vehicles and equipment. The planning commission may limit the number and size of vehicles and equipment so as to prevent adverse impacts on adjoining parcels. A larger site with greater setbacks and buffering may allow greater activity.

E.

Traffic on- and off-site. The planning commission may limit the traffic generated by the operation so as to prevent adverse impacts on adjoining parcels. A larger site with greater setbacks and buffering and a site that is in close proximity to adequate roads may allow greater activity. The planning commission may stipulate the driveway surface or buffering area so as to prevent adverse impacts on adjoining parcels.

F.

Materials stored on site. The planning commission may limit the type and quantity of materials stored on site so as to prevent adverse impacts on adjoining parcels and surrounding environs.

G.

Superseding article 3, "General provisions." In approving a use-on-review under these standards the planning commission may supersede the provisions of article 3, "General provisions."

(Ord. No. O-09-12-101, § 1(Exh. A), 1-25-10; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-22-2-101, § 2, 3-28-22)

4.103.01. Purpose. The purpose of these regulations is to provide adequate space for the installation of private swimming pools as an accessory structure on a lot and to provide adequate space and separation from other features of the property.

4.103.02. Accessory structure. A private swimming pool shall be considered an accessory structure if it is in connection with, incidental to, and located on the some lot with a principal use or structure that is permitted within a zone district.

4.103.03. Location in yards.

A.

As an accessory structure to a residential building, a swimming pool is permitted in the side or rear yards of the principal building; except on lots greater than one (1) acre, where pools may be located in the front, side or rear yards of the principal building, but not within the minimum required front yard.

B.

As an accessory structure to a nonresidential principal building, a swimming pool is permitted in the front, side or rear yards of the principal building, but not within the minimum required front yard.

C.

As an accessory structure, the edge of a private swimming pool shall be located so as to maintain the minimum required side and rear yards for an accessory building or structure, as determined by the zone district within which the lot is located. The edge of the water of an in-ground swimming pool and the outside edge of the vertical wall of an aboveground or on-ground swimming pool will be considered the edge of the structure.

4.103.04. Location with respect to easements. As an accessory structure, a swimming pool and any impervious apron around the swimming pool shall not be located within any utility or storm water drainage easements.

4.103.05. Location with respect to other regulations. The location of a swimming pool shall meet the requirements of all other appropriate regulations, including but not limited to, the regulations of the county codes administration and inspections department, the county health department, and the state.

(Ord. No. O-11-2-101, § 1(Exh. A), 3-28-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)

Rural retreats, as defined in Article 2: Definitions are allowed to be considered as a use on review in the A (Agricultural), RP (Rural Preservation), RA (Low Density Residential), RB (General Residential), E (Estates), T (Transition) and PR (Planned Residential) zoning districts. Rural retreats are subject to the requirements of subsections 4.10.14 through 4.10.19, "Development Standards for Uses Permitted on Review," and 6.50, "Procedures for Authorizing Uses Permitted on Review."

This section shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this article be construed as limiting or affecting in any way or controlling farming or the agricultural uses of land as defined by state law.

Rural retreats are subject to the following standards and requirements:

4.104.01. Minimum required information. A use on review application, or a building permit application for an approved use on review, for a rural retreat in the A, RP, RA, RB, E, T or PR zoning districts shall include complete description of all activities proposed to occur on the subject property and a scaled site plan. At a minimum, the following items must be addressed on the submitted materials at the time of application:

A.

The description of proposed activities shall include the following:

1.

The number of employees;

2.

The hours of operation;

3.

Provision of overnight accommodations, duration, etc.;

4.

Provision of restroom facilities;

5.

Proposed lighting;

6.

Sound amplification to be used;

7.

Temporary structures, including tents, to be used in association with planned events;

8.

Security to be provided (alarm, fence, cameras, lighting, personnel);

9.

Location of trash receptacles and method of trash removal;

10.

Traffic management and parking plans;

11.

The expected number of events per year;

12.

The expected number of attendees per event;

13.

Other documentation as deemed necessary by planning commission staff.

4.104.02 Development requirements and restrictions (must be addressed in plans and submitted materials).

A.

Road access. The site shall have direct access to an arterial or collector street, as classified by the Major Road Plan for Knoxville & Knox County, Tennessee. Access drives to local streets or private easements will not be permitted. Exceptions to this requirement may be considered by the planning commission, if a traffic analysis is provided with the use on review application. This traffic analysis must be reviewed and approved by the planning commission and Knox County Engineering staff. Any recommendations for road improvements must be incorporated into the overall development plan.

B.

Minimum parcel size. The minimum area of the subject parcel should be ten (10) acres.

C.

The maximum floor area for all permanent structures associated with the Rural Retreat shall be no more than ten percent (10%) of the total lot area.

D.

All buildings, parking, loading, campsites, recreation areas and other indoor or outdoor use areas shall be setback a minimum of two hundred (200) feet from property lines and three hundred (300) feet from existing residential dwellings on adjacent parcels, and shall be buffered as deemed appropriate by the planning commission. With a written agreement from the adjacent parcel owner(s) affected, the planning commission may consider reduction of these setbacks as part of the plan review process.

E.

Rural retreats are subject to the parking requirements for "Theaters, Auditoriums and places of assembly without fixed seats," contained in article 3, subsection 3.50.10 of the Knox County Zoning Ordinance. All required parking areas must be provided on an all-weather driving surface. Gravel and other types of driving surfaces may be permitted on a case-by-case basis per request, but must be reviewed and approved by the planning commission and Knox County Engineering staff.

F.

Recreational uses incidental and subordinate to the primary Rural Retreat use are permitted and may include: Swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, ziplines, corn mazes, picnic areas, golf courses and related facilities, athletic fields, children's play equipment, and passive recreational facilities. Campfires or bonfires may also be permitted, subject to compliance with Knox County open burn regulations, as well as the establishment of a designated area of the site for this use. All recreational uses are subject to the setback requirements of section E above. The use of the recreational facilities is limited to event guests and property owners/guests.

G.

Signage must comply with article 3, section 3.90 of this ordinance.

H.

Overnight accommodations, if approved as part of the development plan, shall be accessory to the primary use of the property as a retreat and shall not be open to the general public as a stand-alone use. The maximum length of stay for any guest(s) shall be seven (7) consecutive days per singular event.

I.

Noise generated by the use, as measured at any property line, shall not exceed forty (40) decibels (dB) between the hours of 9:00 p.m. and 9:00 a.m., and shall not exceed fifty (50) decibels (dB) at any other time.

J.

Proof of the availability of potable water and proper treatment and disposal of wastewater shall be provided, based on the occupancy of the buildings(s), subject to approval by the Knox County Health Department.

K.

Restroom facilities shall be required commensurate with the capacity of the building(s), subject to approval by the Knox County Health Department.

L.

All outdoor lighting shall adhere to the requirements of article 4, subsection 4.10.10. All exterior lighting shall be full cut-off and light levels at the property line shall not exceed 0.05 footcandles.

M.

Any building(s) in which events are held shall meet applicable building and fire code requirements for assembly uses.

N.

The planning commission shall have the authority to limit hours of operation, number of events, expected attendees, etc. on a case-by-case basis. Other conditions of approval may be recommended by staff, if deemed necessary. The planning commission may limit the scope of proposed operations so as to prevent adverse impacts on adjoining parcels. A proposed rural retreat shall be of a scale and intensity so that the use is compatible with existing or proposed uses on adjacent parcels or in the immediate vicinity. Adequate setbacks and buffers must be provided so as to prevent adverse impacts on adjoining parcels.

4.104.03. Criteria for larger scale retreats.

A.

If the rural retreat includes overnight camping/lodging accommodations, the following criteria shall apply:

1.

The minimum parcel size shall be twenty (20) acres.

2.

A maximum of ten (10) guest accommodations shall be permitted for the first twenty (20) acres of site area, and additional guest accommodations shall be permitted at a ratio of one (1) for every five (5) acres of site area, up to a maximum of fifty (50) guest accommodations. Only event guests are permitted to stay overnight at the facility.

B.

If the rural retreat includes one or more of the following: A facility for conferences/banquets, a restaurant, or a day spa, the following criteria shall apply:

1.

The minimum parcel size shall be fifty (50) acres.

2.

A Traffic Impact Study (TIS) will be required to be submitted along with the use on review application and site plans. The TIS shall be reviewed by Knox County Engineering and planning commission staff and any recommendations regarding ingress/egress or road improvements deemed necessary shall be incorporated into the stipulations of the approved development plan.

3.

The total maximum floor area utilized for conference, restaurant, spa, event and/or banquet facilities shall not exceed 1,000 square feet for every five (5) acres of site area, up to a maximum of 20,000 square feet.

4.

All events that include sound amplification of any kind or that include 50 or more attendees between the hours of 9:00 p.m. and 9:00 a.m. must take place entirely within a fully enclosed building(s).

5.

A minimum of thirty (30) guest rooms must be provided on the property.

6.

Any restaurant must be located within a facility that also contains at least fifteen (15) guest rooms.

7.

Any day spa facility shall not exceed 2,000 square feet of gross floor area.

Note: Certain agricultural uses are permissible by Tennessee state law under the Right to Farm Act and other regulations. These uses, if permissible and deemed in compliance with state regulations, are exempt from planning commission review.

(Ord. No. O-17-8-101, § 1(Exh. A), 9-25-17; Ord. No. O-18-1-101, § 1(Exh. A), 2-26-18; Ord. No. O-22-2-101, § 2, 3-28-22)

4.105.01. Minimum requirements.

A.

The facility shall be located, so that they are not within one thousand three hundred twenty (1,320) feet of another "recovery housing" facility;

B.

The facility shall be within one thousand three hundred twenty (1,320) feet of a bus transit route or as an alternative, the applicant shall submit a transit plan describing how the target population will be transported to and from the site;

C.

The applicant shall provide a description of the target population to be served;

D.

The applicant shall provide a description of the on-site or off-site treatment and any special care needed;

E.

The applicant shall provide description of the facilities operation, including security measures, number of residents, size and type of sleeping arrangements, and a daily work schedule showing the number of employees at the facility;

F.

The facility and use shall comply with all applicable county, state, and federal codes and regulations. The applicant shall provide a letter of certification of final approval from the state or a letter from the state stating how the proposed use is such that the state does not require a license;

G.

Alcohol and illegal drugs shall not be permitted on the premises of any recovery housing facility whose target population includes people who are recovering from or experiencing substance abuse problems;

H.

A neighborhood communications plan a statement of how the applicant will communicate to adjacent property owners about significant changes in operation and will make available their emergency contact information; and

I.

A scaled site plan of the property, showing:

1.

Parking area, including bus or shuttle service circulation.

2.

Landscaping and open space — a minimum of ten percent (10%) area to remain as open space for outdoor exercise area.

3.

Perimeter fencing or screening.

(Ord. No. O-17-8-102, § 1(Exh. A), 9-25-17)

In addition to the requirements set forth in Article 5, "Zone regulations," of the zoning ordinance for the county, the following regulations shall apply to vehicle repair/service in the CN Neighborhood Commercial Zone.

4.106.01. Minimum requirements

A.

Vehicle repair/service establishments shall not store the same vehicle outdoors on the lot for a total of 30 days or more, including storage that occurs while the vehicle is under repair and once repair is complete. Only vehicles that have been or are being serviced may be stored outdoors.

B.

Vehicles awaiting repair or on which repair is complete shall not be stored overnight in front of the structure housing the vehicle repair/service business.

C.

Repair of vehicles and storage of all merchandise, auto parts, equipment, and supplies must be within a structure.

D.

The structure housing the vehicle repair/service shall be setback a minimum of fifty (50) feet from the residential property line when the use abuts a residential zone.

E.

Vehicle repair/service establishments that abut a residential zoning district shall provide a minimum Type A landscape buffer along the property line abutting the residential district.

F.

No partially dismantled, wrecked, junked, or discarded vehicles, or vehicles that sit on one or more flat tires or are inoperable in any manner may be stored outdoors on the premises.

G.

The sale of new or used vehicles is prohibited.

H.

No motor vehicles, motorcycles, or all-terrain vehicles (ATV) may be stored and no repair work may be conducted in the public right-of-way.

I.

Structures shall be limited to three (3) service bays per individual structure.

J.

Vehicle body repair shall not be permitted.

(Ord. No. O-20-1-101, § 1(Exh. A), 2-24-20)

4.107.1. Minimum requirements.

A.

The road that provides access to the public safety facility shall be deemed by the staff to be capable of accommodating traffic generated by the facility.

B.

The public safety facility site shall be buffered from residential and agricultural zones by a Type A landscape screen as identified in the landscape screening design standards.

(Ord. No. O-19-5-101, § 1(Exh. A), 6-24-19)

4.108.1. Minimum requirements.

A.

Drive-through facilities must meet the following minimum standards:

1.

Drive-through facilities shall be located along arterial roads. If proposed along a major collector road as identified on the Major Road Plan, a drive-through facility shall need use on review approval from the Planning Commission.

2.

Outdoor speakers shall be specified to have sound output of seventy-five (75) decibels (dB) or less. Speaker specifications are to be submitted with site plans demonstrating the speaker output.

3.

All drive-through lanes must be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets.

4.

The minimum width for a drive-through lane is ten (10) feet.

5.

All drive-through facilities must provide a minimum of three (3) stacking spaces per lane or bay. Restaurants must provide a minimum of four (4) stacking spaces per lane or bay. Further, the Knox County Department of Engineering and Public Works may require additional internal queuing and stacking spaces and other access points to prevent disruption of traffic flow on adjacent streets.

6.

Stacking spaces provided for drive-through uses must be:

a.

A minimum of ten (10) feet in width, as measured from the outermost point of any service window or bay entrance to the edge of the driveway/drive aisle, and eighteen (18) feet in length. In the case of a recessed service window, the measurement is taken from the building wall.

b.

Stacking spaces must begin behind the vehicle parked at a final point of service exiting the drive-through lane, such as a service window (this does not include a menu board). Spaces must be placed in a single line behind each lane or bay.

7.

Exterior lighting of all types and vehicular headlights on site shall be directed away from any public rights-of-way unless otherwise directed by engineering and public works to support public safety. Fixtures shall be full cutoff.

B.

In addition to the criteria listed above, drive-through facilities adjacent to residential uses or zones must also meet the following standards:

1.

Driver-through speaker equipment requirements:

a.

Outdoor speaker boxes shall be located on a separate speaker post instead of on a menu board, and drive-through lanes shall provide enough maneuverability to allow vehicles to pull up parallel to and within two (2) feet of the speaker box.

b.

Drive-through outdoor speaker equipment shall utilize automatic volume control (AVC) technology to reduce the sound output related to the ambient noise of the environment. Drive-through speaker specifications shall be submitted with site plans demonstrating compliance.

c.

Drive-through outdoor speaker equipment must demonstrate that anticipated noise levels shall not register more than sixty-five (65) dB at the property line in common with a residential land use or zone. Noise reduction methods should be utilized to achieve this sound level if it cannot be achieved without mitigation efforts.

i.

The preferred mitigation effort is construction of a barrier wall with a surface weight density greater than four (4) lbs./sq. ft. and no openings in the wall located between the drive-through speaker and abutting residential uses. If construction of a barrier wall is considered, the height and width of such a wall would be determined by the distance between the speaker and the residential lot line.

ii.

Other mitigation efforts can be considered and must be verified by a design professional to achieve the required decibel level.

2.

The use on review request shall include, either on the application or on the site plan, the hours of operation of the drive-through facility. The Planning Commission may impose conditions modifying the permitted hours of operation.

3.

All drive-through establishments along shared lot lines with residential uses or zones shall be screened with berms, fences, walls, or dense landscaping to minimize the visual impact of the development on residential uses. Screening of drive-through facilities shall meet either of the following standards:

a.

Screen depth minimum of fifteen (15) feet with two (2) offset rows of evergreen screening trees spaced at a maximum of ten (10) feet apart and a row of solid, continuous shrubs planted along the residential property side of the trees. Distances between trees shall be measured from trunk to trunk.

b.

Screen depth minimum of twenty-five (25) feet with two (2) offset rows of evergreen screening trees spaced at a maximum of ten (10) feet apart with shade trees spaced at a maximum of twenty (20) feet apart offset in a third row on the residential side of the development. Distances between trees shall be measured from trunk to trunk.

4.

If a drive-through lane is situated such that vehicular headlights are pointed towards a shared lot line with a residential use or zone, that lot line shall be planted with continuous shrubs to visually buffer the residential use or zone from the light source. Such shrubs are to be a minimum of four (4) feet in height at installation and five (5) feet in height at maturity.

5.

Exterior lighting requirements:

a.

Exterior lighting of all types shall be directed away from all residential uses or zones. Fixtures used in parking areas, near lot lines, or for general illumination or safety shall be full cutoff. This does not apply to fixtures designed to provide wall-wash lighting or lighting used to highlight landscaping or signage features.

b.

Lighting levels shall not exceed 0.2 fc at any shared property line with a residential use or zone. A photometric plan is required to be submitted with the site plan.

c.

Any freestanding cut off luminaire must be located at least fifteen (15) feet from any residential district lot line.

d.

Light poles shall not exceed fifteen (15) feet in height. measured from grade to the top of the fixture.

e.

Drive-through facilities operating past 10:00 p.m. will be required to install devices that will automatically dim exterior lights at 10:00 p.m. by twenty (20) percent to further reduce lighting impact on residential properties. This does not apply to emergency lighting or fixtures designed to provide wall-wash lighting or lighting used to highlight landscaping or signage features.

C.

The following design practices are discouraged as they make it more difficult to achieve the above criteria:

1.

Facing a speaker post toward a public right-of-way. This increases the ambient noise level and makes it necessary to use higher outbound levels.

2.

Placing the speaker post on a curve in the lane. Curves force vehicles to be further away from the post, which results in higher outbound level requirements and makes it difficult for order takers to hear customers.

3.

Facing the speaker post or the drive-through lane along shared residential lot lines since the highest sound levels tend to be directly opposite the speaker post and at the front of vehicles.

4.

Turning the outbound level up higher than necessary.

5.

Relying on vegetation to reduce sounds. Plants and trees have been shown to have a limited impact on sound levels.

6.

Placing stacking spaces, lanes, and bays along shared residential lot lines since idling vehicles tend to produce noise and fumes that easily cross property lines.

(Ord. No. O-24-9-101, § 1, 10-21-24)