A.

Purpose.

1.

The purpose of the PD-1 plaza district is to encourage the development of a pedestrian oriented, mixed-use urban town center environment, resembling a traditional small-town core, as contemplated by the City of Oak Ridge North 2013 Comprehensive Plan ("comprehensive plan"). The plaza district is intended to create a "town center" atmosphere and be the focal point of the community while providing shopping, employment, housing, business and personal services.

2.

The plaza district will incorporate existing commercial and institutional uses at the heart of the new town area and accommodate a variety of future neighborhood retail and community services, as well as housing. To ensure that all future development is consistent with the town center concept and does not detract from other development within and around the plaza district, site plan reviews are required for all uses conditionally permitted in the plaza district.

3.

The plaza district implements the comprehensive plan, as may be amended, which encourages the development of a mixed-use town center that will create a focal point for the community by way of its geographic location, standards for development and mix of uses and services. Any development and design standards contained within this section are intended to supplement any development and design standards of the underlying plaza district within the area specified as the plaza district.

B.

Establishment. The plaza district concept was established by the city council pursuant to the City of Oak Ridge North 2013 Comprehensive Plan and in conjunction with the adoption of Ordinance No. 33-2013 on June 24, 2013.

C.

Location. The plaza district includes all the land within the boundary of the plaza district as shown on the official zoning map of the City of Oak Ridge North, as may be amended. Within the delineated plaza district, any lot or parcel of land located at least partially within the district must follow all land use, development and design standards, and development conditions of this section for the entire lot or parcel.

D.

Development agreement required. All new development renovations, or substantial improvements to existing buildings and structures located in the plaza district as of the date of this ordinance must proceed pursuant to the terms of a Development agreement approved by city council, if within any two-year period 51 percent or more of the total size of the building or structure that existed as of the date of this ordinance is affected by the proposed new development, renovation, or improvement, or in the alternative, the cost of improvements within any two year period equal 51 percent or more of the appraised value of the building and structures that existed as of the date of this ordinance.

E.

Uses permitted by right. For each planned unit development (PUD) within the plaza district, every property must be used and every building must be hereafter used, erected, reconstructed, altered, or enlarged, for one or more of the following uses or uses which are equivalent thereto as determined by the planning and zoning commission. To the extent a zoning use regulation within this section conflicts with another zoning use regulation applicable to this section, the more restrictive zoning use regulation shall control unless otherwise specifically stated.

1.

Artist gallery and sales spaces (art, photo and music) on the first floor in a building.

2.

Artisan sales and production (hand-tools only; e.g., jewelry, woodwork or ceramics).

3.

Bakeries designed for retail sales but not wholesale operation.

4.

Barber, beauty, health, and nail spas and salons.

5.

Bicycle sales and bicycle repair shops.

6.

Book or stationery stores, including newsstands (printing, mailing and reproduction services are permitted provided they are incident and subordinate to the primary permitted use).

7.

City hall, fire and police stations and other municipal uses.

8.

Drug stores and sundry shops.

9.

Dry-cleaning and laundry service (drop-off only).

10.

Education and learning centers provided it is located on the second floor or above in a building.

11.

Florist or gift shops.

12.

Furniture sales and repair.

13.

Financial institutions.

14.

Micro-brewery, micro winery, and wine cafe (subject to all local and state regulations).

15.

Offices that are business, professional, or medical in nature providing services not including fabrication, manufacture, or production of goods and provided the operation is located on the second floor or above in a building.

16.

Optical goods; retail.

17.

Technology and electronic repair and sales shop.

18.

Sit down restaurants, cafes, eateries, ice cream parlors, coffee shops and tea rooms provided that the sale of food and beverages is primarily for on-site dining.

a.

Take-out service is allowed to the extent it is incident and subordinate to on-site dining.

b.

Drive-through service is prohibited.

19.

Stores and shops for the sale of products at retail only.

20.

Tailor, clothing or wearing apparel repair shops to include tailor activities that create custom made clothing or accessories.

21.

Theater (movie or live; single screen or stage).

22.

U.S. Postal Service or similar private services; retail.

F.

Uses permitted by special exception.

1.

Antique and resale shops (no co-ops).

2.

Artist work and studio spaces (art, photo and music) on the second floor or above in a building.

3.

Athletic facility provided the operation is located on the second floor or above in a building.

4.

Animal grooming sales and services.

5.

Farmer's market.

6.

Garage (public) that is incident and subordinate to the primary permitted use.

7.

Mobile food unit, subject to chapter 18 (businesses), article IV.

8.

Any other use deemed by city council to be appropriate and consistent with the uses permitted by right in this section, subject to satisfying all notice and public hearing requirements imposed by state law.

G.

Prohibited uses. All uses not specifically permitted by right or by special exception in this section, or by specific use permit issued in accordance with section 9, are strictly prohibited.

H.

Prohibited noise, vibrations, smoke, odor, dust, gas, or light.

1.

Sustained or repetitive noise or vibration, of such an intensity or character that it constitutes a nuisance which injures or destroys the peaceful enjoyment or use, comfort, repose, safety, or health of persons of ordinary sensibilities, is prohibited, when such noise or vibration is measured, or audible, or felt at the property line of any adjoining district.

2.

Smoke, odor, dust, gas, light, or pollution of any type that constitutes a nuisance which injures or destroys the peaceful enjoyment or use, comfort, repose, safety, or health of persons of ordinary sensibilities, is prohibited, when such smoke, odor, dust, gas, light, or pollution is measured, or present, or detected at the property line of any adjoining district.

I.

Height regulations. No building or structure shall exceed 45 feet in height except as allowed by an approved PUD plan adopted in accordance with the procedures outlined in section 13 herein, as may be amended.

J.

Area regulations.

1.

Lot size and width; front, side and rear yard regulations. All area regulations shall be subject to an approved PUD plan adopted in accordance with the procedures outlined in section 13 herein, as may be amended.

K.

Parking regulations.

1.

All parking regulations shall be subject to an approved PUD plan adopted in accordance with the procedures outlined in section 13 herein, as may be amended.

L.

Outside sales/display prohibited. Outside sales, including outside display of goods and merchandise in the PD-1 plaza district is prohibited, except as expressly provided in this subsection. The term "outside" means outside of a fully enclosed building which is constructed on-site on a lot in compliance with all city codes. It is the intent of this provision to prohibit the use of any yard (front, side, or rear), parking space, setback, easement, or any open land for these purposes.

1.

Exception. The outside sale or display of goods or merchandise is permitted under the following three circumstances only:

a.

They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot and the sale or display is conducted within five feet of such main building; or

b.

They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot, and they are customarily displayed outside, and they are of such a large size that outside display is necessary; for example, automobiles or large boats (boats over 14 feet in length); or

c.

They are offered for sale or displayed as an integral part of the business conducted in the main building located on the lot and the sale display is conducted within 18 feet from the front curb (or one parking space) in front of the merchant's building only. The sale or display shall not impede the flow of traffic or endanger the safety of the shoppers or passersby. This type of "outside sales" event will be allowed four times a year. The event shall not last longer than 72 hours in duration, with 12 hours for set-up and 12 hours for take down.

M.

Outside storage or discarding of materials prohibited. No refuse, unused material or item, or discarded material or item shall be stacked, stored, or placed on any part of a lot that is not designed, constructed, screened or fenced for that particular purpose so as to prevent the placement or accumulation of such materials or items in a manner that tends to cause blight within the PD-1 plaza district or other adjoining zoning districts.

N.

Screening of garbage facilities. It shall be unlawful for any person to fail to screen from public view any dumpster, container, receptacle, or bag used for the collection or storage of garbage, refuse, or recyclable materials. Such screening device shall be not less than six feet in height, measured from grade upward, shall be constructed of solid or other opaque material, and shall be located so as to screen such materials from any adjacent street, public way, or private property.

O.

Exterior building materials.

1.

The exterior walls of all buildings and structures, with the exception of mobile food units, shall be constructed of brick, stone, decorative concrete block, or a combination thereof. Doors and windows are excluded.

(Ord. No. 54-2013, § 3, 10-14-13; Ord. No. 21-2014, § 6, 3-24-14; Ord. No. 32-2016, § 12, 9-26-16; Ord. No. 21-2017, § 2(Exh. A), 12-18-17; Ord. No. 02-2024, § 2, 2-26-24)