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Knoxville City Zoning Code

CHAPTER 11

SITE PLAN REVIEW PROCEDURE

9-11-1: PURPOSE AND INTENT:

To assure that the design and location of high density residential, commercial, industrial and other areas will be in conformance with the zoning standards of this title and are properly related to and in harmony with the existing and future development of the City, including generally accepted principles of urban design, a detailed site plan shall be submitted showing the proposed use and development of all sites except of certain agricultural land uses and of single- and two-family dwellings for approval by the Planning and Zoning Commission. (1983 Code § 11-1-26)

9-11-2: GENERAL REQUIREMENTS:

   A.   Preparation Of Plan: Whenever any person, firm, corporation or other group wishes to develop any tract, lot or parcel of land located in the City in the following zoning districts: A-1 (except for permitted agricultural use and single-family dwellings); R-1 (except for single-family dwellings); R-2 (except for single- and two-family dwellings); R-3 (except for single-family dwellings), C-1, C-2, C-4, M-1 and M-2; he shall cause to be prepared a site plan of such development and shall submit ten (10) copies of said site plan to the Zoning Administrator. The provisions of this chapter shall also be applicable to the redevelopment, enlargement or extension of more than twenty five percent (25%) of any uses and structures (except permitted agricultural land uses and single-family and two-family dwellings) existing at the time of adoption of this title. The site plan shall contain such information and data as outlined herein. (1983 Code § 11-1-26B; amd. Ord. 06-03, 4-17-2006; Ord. 18-16, 12-17-2018)
   B.   Review By Zoning Administrator: The Zoning Administrator shall review the site plan for compliance with this title and shall refer a copy of the site plan to the City Engineer, or such other person as shall be designated from time to time by the City Council, who shall review said site plan as to its compliance with other ordinances of the City, its effect upon public utilities and the public street system, and submit his findings as soon as possible to the Planning and Zoning Commission.
   C.   Review By Planning And Zoning Commission: The Zoning Administrator shall also forward a copy of the site plan to each member of the Planning and Zoning Commission. The Planning and Zoning Commission shall, after receiving the report of the City Engineer and the Zoning Administrator, review the site plan for conformity with the regulations and standards contained herein, and may confer with the developer on changes deemed advisable in such site plan.
   D.   Approval: The Planning and Zoning Commission shall forward its action to the City Council within forty five (45) days of the date of the submission of the said site plan. If the commission does not act within forty five (45) days, the site plan shall be deemed to be approved by the commission unless the developer agrees to an extension of time.
   E.   Public Hearing: The commission may, in its discretion, hold a public hearing on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.
   F.   Review By City Council: Site plans required for review and approval by the City Council will be submitted to and reviewed by the Zoning Administrator in the same manner as those requiring review and approval by the Planning and Zoning Commission.
   G.   Permit Or Certificate Of Issuance: No building permit or certificate of zoning compliance for any structure within any district within which a site plan is required shall be issued until the site plan has been approved as provided herein.
   H.   Filed With City Clerk: Upon final action by the Planning and Zoning Commission on any site plan, a copy of said site plan with the action of the planning and zoning commission noted thereon and signed by the chairperson of the commission shall be filed with the city clerk.
   I.   Proof Of Compliance: If the zoning administrator finds that any construction or proposed construction or occupancy of a development on a tract of land for which a site plan has been approved will not substantially comply with the site plan as approved, or if he finds that the construction and development of the tract is not being carried out in accordance with the development schedule filed with the site plan, he shall suspend all building permits for the development and order all construction stopped until such time as the owner of the property, or his successors in interest, shall have provided him with proof satisfactory to him that the site plan will be complied with. The zoning administrator shall not issue a certificate of zoning compliance for any structure within the development while the building permit for the development has been suspended pursuant to this subsection. Any person aggrieved by any decision or action of the zoning administrator under this subsection may appeal such action or decision to the board of adjustment.
   J.   Extension Of Time: If the owner or developer of a tract of land for which a site plan has been approved determines that an extension of time is necessary or that a modification of the site plan would provide for a more appropriate or more practicable development of the site, he may apply for an amendment of the site plan. The planning and zoning commission may grant an extension of time or a modification of a previously approved site plan if it determines that such modification of the site plan would provide for a more appropriate development of the site. (1983 Code § 11-1-26A)

9-11-3: SITE PLAN REVIEW:

In reviewing a proposed site plan the planning and zoning commission shall consider the location of the building on the site with respect to vehicular and pedestrian traffic to and from the buildings, traffic between the site and abutting streets, suitable layout and adequate provisions for off street parking and loading, with due consideration given to the provision of traffic islands, pedestrianways and landscaping within the parking area, provision for necessary screening between adjacent properties and the site, location and display of business signs so as not to distract or confuse motorists and location and display of outdoor advertising so as to provide adequate visibility within the site during hours of night operation but not to have adverse effects on surrounding properties. Further, the commission will require traffic control devices if they are deemed necessary. (1983 Code § 11-1-26B)

9-11-4: SITE PLAN REQUIREMENTS:

All site plans shall be drawn at a scale not less than one inch equals fifty feet (1" = 50'). Ten (10) copies of the site plan shall be submitted to the zoning administrator. The purpose of the site plan is to show all information needed to enable the zoning administrator, city engineer, planning and zoning commission and city council when applicable to determine if the proposed development meets the requirements of this title. (1983 Code § 11-1-26C)

9-11-5: INFORMATION REQUIRED:

The site plan required shall include the following information concerning the proposed development:
   A.   Names of all persons having an interest in the property, legal description of property, point of compass, scale and date.
   B.   Applicant's name, planned land use and present zoning.
   C.   If applicant is other than the legal owner, the applicant's interest shall be stated.
   D.   Name and address of person who prepared the site plan. (1983 Code § 11-1-26D)

9-11-6: REQUIRED ILLUSTRATIONS:

The site plan shall clearly set forth the following information concerning the proposed development:
   A.   Property boundary lines, dimensions and total area of the proposed development.
   B.   Contour lines of the proposed development at intervals of not more than five feet (5'). If substantial topographic change is proposed, the existing topography of the development and of the surrounding area shall be illustrated on a separate map, and the proposed finished topography shown on the site plan.
   C.   The availability, location, size and capacity of existing utilities, and of proposed utilities.
   D.   The proposed location, size, height, shape, use and architectural theme of all buildings or structures, including signs, in the proposed development.
   E.   The total square footage of building floor area, both individually and collectively in the proposed development.
   F.   Existing buildings, rights of way, street improvements, railroads, easements, drainage courses, streams and wooded areas.
   G.   Location, number, dimensions and design of off-street parking in the proposed development, including:
      1.   Driveways, islands and planters;
      2.   Striping and safety curbs;
      3.   Loading facilities;
      4.   Type and location of lighting; and
      5.   Surface treatment.
   H.   Open spaces, yards, recreational areas, walkways, driveways, outside lighting, walls, fences, monuments, statues, signs and other man-made features to be used in the landscape of the proposed development.
   I.   Facilities for the collection and disposal of garbage and trash.
   J.   Location and type of all plants, grass and trees to be used in the landscape of the proposed development. Landscaping to be used for screening purposes shall be illustrated in elevation as well as plan, with the approximate size and name of plants, shrubs or trees to be planted clearly indicated.
   K.   Location of entrances and exits from the proposed development onto public streets, and interior drives and proposed sidewalks in the development.
   L.   Proposed drainage facilities and provisions for flood control, if applicable.
   M.   The location, height and area of all signs (directional signs, identification signs, or temporary signs) in the proposed development. (1983 Code § 11-1-26E)

9-11-7: EXPIRATION OF APPROVAL:

All site plan approvals shall expire and terminate one hundred eighty (180) days after the date of Council approval unless a building permit has been issued for the construction provided for in the site plan. The City Council may, upon written request by the developer, extend the time for the issuance of a building permit for sixty (60) days. In the event the building permit for the construction provided for in a site plan expires or is cancelled, then such site plan approval shall thereupon terminate. (1983 Code § 11-1-26F)