This article provides regulations and conditions for certain uses that are unusual in their nature or complexity or are potentially incompatible with their surroundings unless special protective restrictions are applied. The development of these uses cannot be predetermined or controlled by general district standards. In order to accommodate these uses, this article establishes specific development standards for these uses that allow for flexibility in development while protecting the existing surrounding areas. Each use listed in this article shall comply with the regulations of the district in which it is located, and with the requirements specified herein.

 

 

(a)        No animals, livestock, or poultry of any kind shall be raised, bred or kept in any residential zoningdistrict except RG‑1 except that, subject to the provisions herein, dogs, cats or other customary pets may be kept provided that they are not kept, bred or maintained for any commercial purpose or in a manner constituting a public or private nuisance. In all cases, the Board of Zoning Appeals shall determine what is a customary pet in the event of dispute. The provision shall in no way be construed to abrogate any person's responsibility or liability under this or any other city ordinance dealing with noise or nuisance.

 

(b)        Uses, structures, or activities undertaken, erected or begun in violation of the zoning code as adopted and amended by the Oak Ridge Municipal Planning Commission shall be considered in violation of this, the Zoning Code of the City of Oak Ridge, Tennessee, and are hereby expressly denied the status of lawful nonconforming uses.

 

(c)        On subdivided land where the map is of official record in the appropriate Register of Deed’s office, only one (1) dwelling structure may be erected on a lot, except as permitted as a special exception.

(d)        No recorded lot shall be divided into two (2) or more lots unless such division results in the creation of lots each of which conforms to all of the applicable regulations of the district in which the property is located. No reduction in the size of a recorded lot below the minimum requirements of this ordinance shall be permitted.

 

(e)        Swimming Pools

 

Swimming pools and required barriers shall meet the minimum requirements established in the City’s codes.

 

1.         Private Residential Swimming Pools — In-ground swimming pools and appurtenances will be allowed to utilize one-half (1/2) of the side and rear setback requirements; setbacks shall be measured to the edge of the pool. All above-ground swimming pools and appurtenances, including decks and equipment rooms, shall meet the setback requirements established for the principal building in the zoning district in which it is located.

(Ord. No. 11-06 Revised Effective 8/03/06)

 

2.         Recreational and Community Swimming Pools— Swimming pools and any part thereof, including aprons, walks, decks, and equipment rooms, shall be considered a principal building and shall meet the setback requirements for principal buildings and structures established in the zoning district in which it is located.

 

 

The height limits of this code may be modified by the Board of Appeals in its application to church spires, belfries, cupolas, penthouses (enclosed structure located on the roof of a building), domes, water towers, observation towers, power transmission towers, radio towers, masts and aerials, flagpoles, chimneys, smokestacks, solar collectors, ventilators, skylights, derricks, conveyors, cooling towers, and other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located provided other district requirements are met. 

 

 

Where there are two or more existing buildings on the same side of the street in the same block and within two hundred (200) feet of a lot, the required front yard for said lot may be reduced to the average distance from the street lot line of said buildings.

 

 

(a)        Corner Lot Front Setbacks:

On corner lots, the yard facing the street on which the house does not face may have a side yard equivalent to the average of the required front and side setbacks for the district. In the event there is a question of the side yard, then the address will be utilized to designate which street the house faces.

 

The side setback for every corner lot in a residential district shall be measured in one of the followingways:

 

1.         A corner lot may have one side setback along a side lot line which intersects the street right-of-way if the rear setback is measured along the side lot line which intersects the other street right-of-way (See Corner Lot Setback Illustration I); or

 

2.         A corner lot may have a minimum side setback along each side lot line equal to the required side setback of the district in which it is located, whether such side lot line intersects a street right-of-way or not (See Corner Lot Setback Illustrations II and III).

 

3.         If there are two adjacent property corners farthest from and equidistant from the intersection of the two streets, the rear setback shall be measured from the lot line connecting the two such property corners (See Corner Lot Setback Illustration IV).

  

  

 

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See Article IX for general provisions specifically applicable to properties with the Manhattan District Overlay zoning designation.

 

Section 3.07    Accessory Buildings or Structures or Additions to Principal Buildings

 

Accessory buildings or structures or additions to principal buildings in allresidential zoning districts which are not part of the Manhattan District Overlay, shall conform to the following regulations except as may be otherwise provided in this code.

 

(a)        Accessory buildings located in all districts except RG-1 shall not exceed fifteen (15) feet in height, and shall not exceed 600 square feet or twenty-five percent (25%) of the entire footprint of the ground floor which includes all areas under roof whichever is greater. (Please note this square footage is a cumulative number for all accessory buildings) All accessory buildings shall meet the setbacks of the base zone district unless a variance is granted by the Board of Zoning Appeals (BZA). Setbacks shall be measured from the foundation of a building to the nearest point of any property line, except when the overhang roof, eaves, gutters, or other architectural features protrude more than two (2) feet from the foundation or as otherwise stated. In such cases, the setback shall be measured from the furthermost projection of the building. 

 

(b)        Principal buildings or additions to principal buildings shall not be erected in any required front yardexcept when a hardship as defined in Section 16.10 is clearly demonstrated by the applicant and a variance is granted by the BZA.

 

The Board of Zoning Appeals may issue a variance when a hardship as defined in Section 16.10is clearly demonstrated to allow principal buildings or additions to occupy a portion of the front yard provided that the principal building or addition to a principal building shall not be closer than one-half (1/2) of the required front setback requirement.

 

(c)        Accessory buildings or structures or additions to the principal building may occupy required rear yard as follows:

 

1.         Accessory buildings may occupy the required rear yard without Board of Zoning Appeals approval, provided they are no closer than five (5)feet from any lot line.

 

2.         Principal buildings or an addition to the principal building may occupy the required rear yardwith the Board of Zoning Appeals approval provided that a hardship as defined in Section 16.10is clearly demonstrated by the applicant.

 

3.         Patios, decks and other similar non-roofed and non-enclosed appurtenances of a principal building shall not be required to meet the rear setback regulations of the principal building. Such appurtenances may be constructed in the required rear yardwithout approval of the Board of Zoning Appeals provided they are constructed no closer than five (5)feet.

(d)        Accessory buildings or structures or additions to the principal building may occupy the required side yard as follows:

 

1.         Patios, decks, and other similar non-roofed and non-enclosed appurtenances of a principal building shall not be required to meet the side setback requirements of the principal building. Such appurtenances may be constructed in the required side yard without approval of the Board of Zoning Appeals provided they are constructed no closer than five (5)feet to a side lot line.

 

2.         Principal buildings or an addition to the principal building may occupy the required side yardwith the Board of Zoning Appeals approval provided that a hardship as defined in Section 16.10is clearly demonstrated by the applicant.

 

(e)        Structures such as fences and garden walls which are free of barbs, spikes, and similar safety hazards may be erected as follows: not over four (4) feet high in the required front yard and not over six (6) feet high in the required side and rear yard; except that the Board of Zoning Appeals may approve a variance, as provided:

 

1.         Swimming pools. Swimming pool enclosures to be erected are not to exceed six (6) feet in height, provided that:

 

a.         Abutting property owners and the owners of any property directly across the street and within a radius of 75 feet of any portion of the front property line of such property are given notice of the request for such variance; and

 

b.         Such structures over six (6) feet may be erected in the required side or rear yardsprovided a properly executed agreement between owners of abutting property has been filed with the City Manager or the City Manager’s authorized representative and further provided that the Board of Zoning Appeals has examined the proposal and determined that such structure will have no material adverse effect upon the value, use or enjoyment of any property owner beyond the aforesaid abutters; and

 

c.         No such exception shall be granted where the swimming pool enclosure would be located so near a street intersection as to interfere with safe lines-of-sight or which would otherwise create a traffic safety hazard.

 

2.         On corner lots, fences andwalls shall be permitted in the required side and rear yards. On the street side on which the house faces, fences and walls exceeding four (4) feet in height are prohibited in the required front yard. However, on the street side on which the house does not face, a decorative fence, as defined in Article II, or wall can be six (6) feet in height in the required side yard provided that the fence does not overlap with the required front and rear yards. 

 

3.         Recreation uses located within parks, which customarily have high fences or walls, including but not limited to tennis courts, ballfields, skateboard parks, etc., are excluded from these requirements.

(a)        All fences on double frontage lots must have the finished side of the fence facing the public right-of-way.

 

(b)        Lack of proper maintenance and upkeep of a fence or wall shall constitute a violation of these regulations. Lack of proper maintenance shall include, but not be limited to, rotten or deteriorated structural members, missing or broken components, excessive sagging of structural members or warping or distortion of planks and fence or wall materials.

(c)        No structures as defined herein shall be placed on the right-of-way or on any public property.

 

(d)        In RG‑1 and Industrial zoningdistricts, zoning compliance permits may be issued by the City Manager or the City Manager’s authorized representative for barbed wire, woven wire and other types of metal or wooden fences incidental to the types of uses permitted in such districts. Notwithstanding other provisions of this code, such fences may be erected within the required yardsprovided the particular type of fence would not have a material adverse effect upon the surrounding property or interfere with the use or enjoyment of the surrounding properties by the owners thereof; and provided further that the erection of any such fence does not violate Subsection 3.07 (e).

 

(e)        No structure provided for herein shall be erected without a Zoning Compliance Permit as required by Section 16.03 of this Code, or as provided in this Subsection, provided that permits for electrical fences shall be issued only in accordance with Section 3.12 of this ordinance.

 

(a)        Use of Two or More Lots of Record

 

 

(b)        Use of Single Vacant Lot of Record

 

            Where the owner of a vacant residential lot of record platted prior to January 1, 1960 cannot reasonably construct a dwelling within the setback requirements of the district in which the lot is located, and cannot reasonably acquire sufficient additional contiguous land, the Board of Zoning Appeals is hereby authorized to issue a varianceto modify the setback requirements that cannot reasonably be met so that the lot may be used as a building site, provided in any instance, the modified setback(s) shall be no less than the existing setback of any residence along the same street within 200 feet on either side of the lot.

 

 

(a)        Principal Building.

 

The required front, rear and side building setback shall be measured from the property line as set forth in Section 2.07 to the furthermost projection of the exterior wall of the building nearest the point of measurement at the property line except as otherwise provided in this code.

 

(b)        Accessory Building.

 

 

(a)        The intent of this section is to protect the character of the residential neighborhood while allowing appropriate home occupations.

 

A home occupation, when deemed to be a low-traffic generating use posing no threat to the health, safety and welfare of the citizens of the City of Oak Ridge, shall be permitted within all residentially zoned districts. If, in the opinion of the Community Development Department, the proposed home occupation fails to meet the criteria of this section or if an existing permit is revoked due to failure by the applicant to comply with the requirements of this section, the applicant shall have the right to appeal the decision to the Board of Zoning Appeals. (See Section 16.10) Occupations that generate outdoor storage of equipment not incidental to a residential use such as, but not limited to, auto mechanics, landscaping businesses, construction companies and contractors associated with the contracting industry are not allowed as home occupations.

 

(b)        Home occupations, as defined in Section 2.08(r), shall be allowed in all residentially zoned districts subject to all of the following regulations:

 

1.         The home occupation is incidental and subordinate to the residential use to the extent that not more than twenty-five percent (25%) of the usable floor area of the principal building is occupied by such home occupation. No home occupation shall be conducted in any accessory building other than storage.

 

2.         One (1) non-illuminated identification sign, which is not more than two (2) square feet in area, may be attached flat against the wall of the building and may contain only the name and business being conducted on the premises. Said nameplate shall be the only advertisement whatsoever that would indicate that the premises are being utilized for any purpose other than a residence.

 

3.         No internal or external alterations or construction features, equipment, machinery, or outdoor storage not customary in residential areas is allowed.

 

4.         No wholesale or retail sales shall be permitted on premises unless it is conducted by catalog, mail, telephone or via Internet. 

 

5.         Home occupations shall have no more than three (3) employees and no more than one (1) employee may be a non-resident of the household. 

 

6.         The applicant shall provide proof of adequate parking for the proposed home occupation use. Said parking should not create a conflict with the existing on-street or off-street parking. Nor shall the home occupation generate any greater volume of traffic than would normally be expected in a residential neighborhood. Vehicles associated with the home occupation shall be limited to one (1) vehicle and the provisions of this section shall not be used under any circumstances to permit any use that requires overnight parking of more than one (1) vehicle.

 

7.         Where applicable, applicants shall submit copies of current and valid recognized professional licenses and permits to the Community Development Department during the application process and copies shall remain on file for the duration of the home occupation. Said licenses and permits shall be displayed on the premises. It shall be the responsibility of the applicant to keep such records current throughout the time the home occupation is being conducted.

 

8.         The Community Development Department may only approve two (2) home occupations per residence. However, the total floor area of the home occupations may not exceed the twenty-five percent (25%) maximum stated above. In the event additional home occupations are proposed, the applicant must obtain prior approval from the Board of Zoning Appeals.

 

9.         The proposed home occupation shall not generate a nuisance of any kind such as noise, odor, fumes, smoke, excessive traffic, etc., which would adversely affect the residential character of the neighborhood in which it is located.

 

10.        Teaching, including but not limited to tutoring, and art, music and dance lessons shall be permitted provided that it is limited to four (4) pupils at any given time.

 

 

“Electric fence” is any device capable of giving an electric shock to any person or animal coming in contact therewith. For the purposes of this section, an electric fence does not include underground “invisible” fencing used to control animals by the use of a receiver collar worn by the animal(s). All electric fences shall require a building permit.  

 

(a)        The power source, controllers, and circuitry for electric fences shall be approved by a nationally recognized testing laboratory, listed or labeled by a qualified testing agency, and shall be installed in accordance with manufacturer’s specifications.

 

(b)        The electrical portion of the fence shall be identified as such by appropriate signs, located on the fence at intervals not greater than fifty (50) feet along the fence. Such signs shall be at least four (4) inches by ten (10) inches in size, red lettering on a white background with the words “DANGER” in two-inch high letters, and the words “ELECTRIFIED FENCE,” in one-and-one-half inch high letters, appearing on both sides of the sign. Signs are to be attached to the topmost wire of such fence and with fixture such as to make the attachment permanent. The owner of such fence shall be responsible for maintaining such signs in legible form and keeping signs clear of sight obstructing growth. (Note: Unless standard electric fence signs are on the market.)

 

(c)        An electric fence shall not be within twenty-five (25) feet of a public thoroughfare. 

 

(d)        No electric fences shall be erected in any zone except RG‑1 Zoning Districts. No electric fence shall be erected within one hundred and fifty (150) feet of any Type R (residential) zone. No electric fence shall be placed in any manner that may be hazardous to a pedestrian in the public place.

 

(e)        The City may inspect electric fences at any time during normal business hours for compliance with these and other pertinent regulations. Failure to install and/or maintain an electric fence in accordance with the prescribed standards shall cause the authorization for such fence to be withdrawn.  

 

 

 

The following supplementary provisions shall apply to family day care and group day care homes in each respective zone. All state licenses are required and need to be displayed on-site.

 

(a)        The maximum number of children permitted in any family day care home or child care center shall be that number approved by the State of Tennessee for such facility; provided, however, that in the case of a family day care home operated in a dwelling unit, there shall be no more than seven (7) children in attendance at the facility at any given time including resident children aged five (5) years and younger. This number may be increased up to twelve (12) children in cases where the Board of Zoning Appeals determines that the additional children in attendance will have no material adverse impact on traffic or upon the value, use or enjoyment of any residential property within 500 feet of such facility.

 

(b)        Each family day care home and group day care home shall be licensed by the State of Tennessee, and shall post such license or otherwise make it available for public inspection.

(c)        No family day care home or group day care home proposed to be operated in a dwelling unit shall be located within 500 feet from the lot of an existing family day care home, child care center or private educational institution except in such cases where the Board of Zoning Appeals determines that a new family day care home or group day care home will have no material adverse impact on traffic or upon the value, use or enjoyment of any residential property within 500 feet of such facility.

 

(d)        The owner/operator of any family day care home or group day care homeoperated in a dwelling unit shall be required to maintain actual residence in that dwelling unit, and is authorized to have additional employees as may be required by the State of Tennessee.

 

(e)        Each child care center or private education institution shall provide a safe drop-off and pick-up area for children on the property, so that any vehicle using such drop-off area shall enter the property and return to the abutting public street by forward motion.

 

(f)        Each family day care home and group day care home, licensed by the State of Tennessee and approved by the Board of Zoning Appeals, or approved as a use customarily incidental to the permitted principal use, on or before April 1, 1990, may continue to provide care for the number of children authorized under the current state license not to exceed the number approved under such license as of April 1, 1990, and shall continue to meet yard space standards and drop-off or pick-up space provisions required at the time of approval by the Board of Zoning Appeals. Such authorization shall continue so long as the facility remains in compliance with said standards and provisions.

 

As of May 13, 1999, the following supplementary provisions shall apply to night clubs, dance clubs, taverns, clubs (private), lodges and similar uses in each respective zone whenever reviewed by the Board of Zoning Appeals, the Planning Commission or City staff for a special exception, site review, or Certificate of Occupancy.

 

(a)        No outside activities other than parking shall be located on the site. Temporary outdoor events shall only be allowed under the provisions of City Code §11-302. All outdoor storage shall be enclosed.

 

(b)        If the location of the proposed establishment requires a Board of Zoning Appeals permit, the Board of Zoning Appeals shall consider whether or not the proposed establishment is detrimental to adjacent properties; the impact on the neighborhood, such as noise, excessive lighting, traffic, and hours of operation; and may impose or require additional restrictions and conditions (for example, buffers) as may be necessary to protect the health and safety of employees and residents in the community, and to protect the value and use of property in the general neighborhood.

 

(c)        Compliance with all other applicable City ordinances is required. (For example, City Code §11-302 prohibits unlawful noises; City Code Title 8 Alcoholic Beverages discusses alcoholic beverages; and City Code §11-502 prohibits profane, vulgar or indecent language.)

 

(d)        The application shall demonstrate that no pre-existing schools, places of worship, other existing night clubs, dance clubs, taverns, clubs (private), lodges or similar establishments, or residential dwelling units are located within 250 feet of the proposed establishment. Measurements shall be made from the property line of the proposed establishment and from the property line of any separate parking lots to be used by the proposed establishment to the property line of pre-existing schools, places of worship, other existing night clubs, dance clubs, taverns, clubs (private), lodges or similar establishments, or residential dwellings.

 

 

(a)        Review Process for Towers.

 

Towers in the IND-1, IND-2, and IND-3 zoning districts, which otherwise meet the following specific conditions, are a permitted use and may apply directly to the Community Development Department for site plan approval. However, all applicants, whether exempt from further review or whether special exception review is necessary (RG-1 and B-2 zoning districts), shall complete an application in accordance with the following conditions. Incomplete applications shall not be considered. A complete site plan application shall contain, in addition to the information contained upon every application for a building permit within the City of Oak Ridge, the following information specifically relating to towers:

 

1.         New towers should be set back from existing property lines by at least two (2) feet for each one (1) foot of excessive height above the maximum height allowed in the zoning district where the tower is located or any new proposed tower shall not be within 150 feet of any other residential districts, whichever is greater.

 

2.         Consolidation or co-location on or next to existing public and private tower sites shall be a priority for location of new towers; arguments against co-location on existing towers and sites shall be based on more than merely economics. In addition to the requirements for shared use/co-location, as defined in subsection (d) below, the applicant shall provide a written statement indicating the owner’s commitment to allow feasible shared use of the tower within its design capacity for co-location.

 

3.         The tower location and height of tower shall be designed in such a manner as to minimize the visibility of the tower or screen the tower from the public view by means of landforms and vegetation.

 

4.         Except for the owner’s identifying nameplate, including emergency telephone number(s), to be located upon the gate or security fence surrounding the tower base, advertising on towers shall be prohibited. Sign control, as set forth in Article XIV, shall apply to any issues regarding signage.

 

5.         A schematic site plan, including a schematic landscape plan with an elevation view of the type of facility to be placed on the site. The site plan shall depict where the tower is to be located on the site and where additional co-located communication equipment, shelters or vaults can be placed. 

 

6.         Identification of the intended user(s) of the tower.

 

7.         Adequate documentation by the applicant that no suitable existing facilities within the applicable coverage area are available to the applicant. Adequate documentation shall include consideration given to the service area needs, propagation studies, tower height, maps, and letters from nearby existing facility owners. Existing facilities shall include other towers, buildings, and other structures of suitable height.

 

8.         Documentation of the number of other users that can be accommodated within the design parameters of the tower as proposed. If the tower will not accommodate the required number of users, the applicant must demonstrate with compelling evidence why it is not economically, aesthetically, or technologically feasible to construct the tower with the required co-location capability. Applicants who do not fulfill the co-location requirement are not eligible for administrative review by the Board of Zoning Appeals.

 

9.         All towers and related equipment shall be removed when the facility has not been in service for a continuous period of twelve (12) months. The legal responsibility of such removal shall be specified on the site plan and recorded on the land records.

 

10.        The applicant shall furnish the names and addresses of all property owners within 300 feet of the proposed site as measured from the property lines of the site upon which the tower is to be constructed to the nearest property line of any property within said distance. The City shall notify such owners regarding any hearings to be held by the Board of Zoning Appeals on the proposed tower.

 

11.        The proposed tower shall have a minimum of one (1) user upon completion of the tower.

 

12.        All towers shall be self-supporting without the need for any guy wires.

 

(b)        Appeals

 

1.         Any decision by the Board of Zoning Appeals to deny an application for a Special Exception permit to place, construct, or modify any tower or tower site shall be in writing and shall be supported by substantial evidence in a written record. An appeal therefrom shall be to any court of competent jurisdiction.

 

2.         Appeals from any administrative denial or decision hereunder by the Community Development Department shall be to the Board of Zoning Appeals and the Board of Zoning Appeals shall decide based upon the criteria set forth in Section 16.10 (a) of this Ordinance and, additionally, upon a finding that such request meets or exceeds those requirements spelled out in Subsection (a) above.

 

(c)        Special Exceptions Shall Not Be Required Under The Following Circumstances.              

1.         Concealed Devices – Communication equipment, which is concealed within or on a building or structure so that it is architecturally indiscernible, may be permitted in all zoning districts subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects as material, height, bulk, scale and design with the building or structure of which it is to be a part.

 

2.         Additions to Existing Structures In Any Zoning District – An antenna, a dish or transmitter may be placed inside or on an existing structure, including but not limited to steeples, silos, spires, utility water tanks or towers, athletic field lighting poles, utility poles and similar structures, (but excluding single-family or duplex dwellings for any commercial use), subject to structural adequacy and provided the addition of the antenna and any supporting structure shall not add more than twenty (20) feet to the height of an existing structure without obtaining a special permit. The setback requirements for freestanding communication towers shall not be applied to existing structures used to support or house the antenna. One (1) additional antenna extension may be placed on existing communication towers with approval of the Board of Zoning Appeals, as long as the height of the tower is not increased by more than twenty (20) feet. The placement of antennas in or on existing structures or communications towers shall be subject to the screening landscape standards of this section if the addition of the antenna or associated equipment causes any significant change to the ground level view of the existing structure in the discretion of the Community Development Department.

 

3.         Existing Communication Towers – Antennas, dishes, or similar equipment or additional users which do not add to the tower height, may be added to existing communications towers without obtaining a special permit, but shall be subject to all applicable zoning, setback, design, and building code regulations.

 

(d)        Landscape Requirements.

 

1.         Intent – All landscaping materials shall be installed in a professional manner and according to accepted planting procedures.

 

2.         Buffer Requirement – All fences and/or other related equipment located at the base of the tower shall be screened by either a ten (10)-foot-deep landscape yard with evergreen trees spaced a maximum of ten (10) feet on-center or two (2) staggered rows of shrubs spaced a maximum of eight (8) feet apart. Such trees used to meet the buffer requirement shall be installed at a minimum height of eight (8) feet and have a minimum expected mature spread of eight (8) feet. Such shrubs shall be fast growing, shall be a minimum of four and one-half (4½) feet high at the time of planting and shall be capable of reaching a height of at least eight (8) feet at maturity. Towers not visible from the view of the public are exempt from this provision.

 

3.         Prohibited Plants – The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance, or nuisance: Kudzu vine, Purple Loosestrife, Japanese Honeysuckle, Shrub Honeysuckle, Autumn Olive, Tree of Heaven, Lespedeza, Garlic Mustard, Paulowina, Multiflora Rose, Siberian Elm, Silver Poplar, Mimosa, Mulberry and Silver Maple.

 

4.         Maintenance – The responsibility for long-term maintenance of the required landscaping shall be specified on the landscape plan. All landscaped areas must present a healthy, neat and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner (or lessee as provided in a written lease) with new plantings that meet the requirements of these regulations.

 

5.         A break in the landscape not to exceed sixteen (16) feet in width shall be allowed for access for maintenance personnel and vehicles.

 

6.         New or existing vegetation, earth berms, existing topographic features, walls, screening fences, buildings and other features other than prescribed above may be used to meet the requirements of these regulations if the Community Development Department finds that they achieve reasonably equivalent screening as required in Subsection 3.15 (d) 2.

 

7.         In Industrial zoning districts, a sight-obscuring fence at least six (6) feet in height and a minimum of seventy-five percent (75%) opaque may be substituted for screening trees or screening shrubs as specified in Subsection 3.15 (d) 2 above by special exception from the Board of Zoning Appeals when the applicant can demonstrate that it is impractical to provide living screen material.

 

8.         Site landscaping is not required for antennas which are being co-located on existing towers, or which are being placed on other buildings or structures where the antenna is allowed as an accessory use.

 

9.         No screening shall be required when this screening is explicitly prohibited by the FCC regulations or is otherwise restricted by site limitations. The Board of Zoning Appeals shall review and approve any deviations from the standards specified herein.

 

(e)        Co-Location Requirements.

 

New tower sites may not be permitted if there is technically and commercially reasonable space available for shared use/co-location on a conforming pre-existing tower. All tower applications shall certify and demonstrate their intent to allow the shared use of such facilities with other tower apparatus which does not interfere with the primary purpose of the tower or such applicant shall document that the reserved space on the tower is to fulfill the owner’s future needs. All applicants shall describe how the applicant will make available such shared use/co-location.

 

1.         New towers shall be constructed to accommodate a minimum of three (3) primary cellular/personal communication systems/antennas and must be made available for co-location to more than one (1) commercial communications company. In addition, the site size must be suitable to accommodate additional telecommunication equipment shelters, cabinets, or additions to existing structures. 

 

2.         The application for a proposed tower shall demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna. Substantive evidence from an authoritative source shall be submitted to demonstrate that no existing tower or alternative tower structure can accommodate the proposed antenna and shall consist of the following:

 

a.         Certification that no existing tower or alternative tower structures are located within the geographic area necessary to meet the applicant’s engineering requirements.

 

b.         Certification that existing tower or alternative tower structures have insufficient height and cannot be modified to accommodate the applicant’s engineering requirements.

 

c.         Certification that existing tower or alternative tower structures do not have sufficient integrity or strength and cannot be modified to support the proposed antenna and related equipment.

 

d.         Certification that the proposed antenna would cause interference with the antenna on the existing tower or alternative tower structure, or that the antenna on the existing tower or alternative tower structure would cause interference with the applicant’s proposed antenna.

 

e.         The applicant demonstrates to the satisfaction of the Community Development Department that there are other objective limitations, which render existing towers unsuitable.

 

f.          Other Requirements.

 

(i)         Regulatory Compliance – During the application process, the applicant shall provide documentation that the proposed tower meets or exceeds the standards and regulations of the FAA, the FCC, and any other agency of the State or Federal Government with the authority to regulate towers and antennae. If such standards and regulations are changed, then the owner(s) of the towers and antennae governed by this Article shall bring such tower or antennae into compliance with such revised standards and regulations as mandated by the controlling agency.

 

(ii)        Construction Plans/Inspections - Construction plans or drawings prepared by a registered engineer certifying that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit. Towers shall be constructed and maintained in compliance with applicable building codes, industry standards, and standards for towers published by the Electronic Industries Association, as may be amended from time to time.

 

(iii)       Tower Lighting – Towers shall not be lighted unless required by the FAA. Documentation from the FAA which requires lighting shall be submitted with the site plan application.

 

(iv)       Visual Impact

 

(1)        Towers shall maintain a galvanized matte steel finish or be painted a neutral, earth-toned color, unless otherwise required by the FAA.

 

(2)        The design of maintenance/operation buildings and/or accessory structures at the tower site shall use materials, colors, textures, screening, and landscaping which create the greatest level of compatibility with the natural environment and existing land use patterns.

 

(3)        Antennae installed on an alternative tower structure and supporting electrical and mechanical equipment shall be of a neutral color which is similar to or complements the color of the alternative tower structure.

 

(4)        Tower antennae shall be designed to be visually compatible with the exterior of the alternative tower structure to which they are to be attached.

 

(v)        Abandoned Towers – Any tower found to be abandoned and not in compliance with these regulations, or found to constitute a danger to persons or property, shall, upon written notice by the Community Development Department to the owner(s) of such tower, be brought into compliance or removed within thirty (30) days. Any tower or antennae not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such tower or antennae shall remove the same within thirty (30) days of receipt of written notice from the Community Development Department.

 

 

Essential services, as defined in Article II, shall be permitted as authorized and regulated by law and other provisions of the Code of Oak Ridge, it being the intention hereof to exempt such essential services from the application of this ordinance.

 

 

A skateboard ramp or similar structure may be constructed and used as an accessory structure in RG-1 and R-1 zoning districts, under the following conditions:

 

(a)        That a zoning compliance permit for the construction and use of such structure be limited to an initial period of twelve (12) months, with renewal of such permit limited to periods of eighteen (18) months, and provided that the remaining conditions for extension of such permit have all been met.

 

(b)        That all abutting property owners, and other property owners within two hundred and fifty (250) feet of the proposed location of such structure in RG-1 and R-1-A zones, or within two hundred (200) feet of the proposed location of such structure in R-1-B and R-1-C zones, be provided written notice of the application for such permit, or renewal thereof, prior to its issuance, and agree to the same.

 

(c)        That any such structure be located between the residence and the rear lot line, and be set back a minimum of thirty five (35) feet from any abutting residential property, which distance may be reduced to twelve (12) feet if an opaque barrier on the applicant's property screens the structure from view of any residence on abutting property.

 

(d)        That such structure be constructed and used so as to limit the emission of noise, light, or other effects resulting from its use to the levels established in Article XII, Performance Standards, and Article XIII Sections 13.01 through 13.06 of this ordinance.

 

(e)        That use of such structure is limited to the hours of 9:00 a.m. to 9:00 p.m., local time, on Mondays through Saturdays, and 12:00 noon to 9:00 p.m., local time, on Sundays.

 

 

The following regulations shall govern the operation of certain necessary or seasonal uses which are nonpermanent in nature. Application for a temporary use permit shall be made to the City staff through the Community Development Department. The fee for the temporary use permit shall not be levied against public schools and non-profit organizations as defined by the state (or can provide verification of non-profit status.) Said application shall contain a graphic description of the property to be utilized, a site plan, a written description of the proposed use, and sufficient information to determine yard requirements, setbacks, sanitary facilities, and parking space for the proposed temporary use. City staff may grant such temporary use permits for the following uses subject to the specific regulations and time limits below, and any other limitation which may be necessary to protect adjoining property. Area and bulk regulations of the district in which the temporary use is proposed to be located shall apply. City staff may require additional standards to protect the public safety and to reduce any actual or potential adverse off-site impacts.

 

(a)        Rodeos, Circuses and Other Itinerant Shows: A temporary use permit shall be issued by City staff for uses such as a rodeo, wild west show, menagerie, circus, carnival, festival or similar type of itinerant show. All applications for such temporary use permit shall be in written form and filed with the City at least ten (10) days prior to the opening date of any performance. All temporary use permits shall meet the following conditions prior to issuance of such permit:

 

1.         The temporary use permit shall be issued for a period not to exceed fifteen (15) consecutive days.

 

2.         Such use shall only be permitted on lots where adequate off-street parking can be provided and where adjoining uses will not be adversely affected from, including but not limited to, noise, lighting, odor and/or other nuisances not in keeping with surrounding uses. 

 

3.         Applicant must state what provisions have been made for sanitary facilities for persons using the premises on which such structure is to be erected or is maintained.

 

4.         Applicant must state the formula of the solution which is to be used to flameproof the structure, or a copy of a certificate showing the date of the last flameproof treatment and by whom performed. All Fire Safety Codes must be met prior to the issuance of the permit.

 

5.         The applicant must state whether any open flame is intended to be used within the structure, and if so, what precautions are to be taken to render it safe.

 

6.         Additional relevant information may be required.

 

7.         The permit fee (non-refundable fee) for each temporary use permit allowed under the requirements of this provision shall be based on the Permit Fee Schedule established by City Policy.

 

Prior to the issuance of a temporary use permit, proof of a transient vendors license shall be required.

 

(b)        Christmas Tree Sale: A temporary use permit shall not be requiredfor the display and sale of Christmas trees on existing legal lots of record in any district subject to a maximum time period of forty five (45) days. 

 

(c)        Religious Tent Meetings: May be permitted in any district. Such temporary use permit shall be issued for not more than a thirty (30) day period. Such activity shall be permitted only on lots where adequate off-street parking can be provided.

 

(d)        Outdoor Displays, Sales of Seasonal Foods or Merchandise: A temporary use permit may be issued for outdoor displays and sales conducted either as a part of an existing business or as a free-standing use in any commercially zoned property (B-1, B-2, UB-2, and B-3) provided the following criteria is met:

 

1.         Such sales and displays shall be limited to a maximum of ninety (90) non-consecutive days per year;

 

2.         Adequate parking and traffic circulation is available and any existing business operations will not be disrupted;

 

3.         Such merchandise shall not be displayed on any sidewalks, walkways, fire lanes, loading areas, driveways, or other vehicle ways that are essential for safe vehicular circulation on the site;

 

4.         Merchandise may be displayed on parking spaces and adjacent parking aisles, if such aisles are not essential for safe vehicular circulation; and

 

5.         The location of the outdoor sales display area shall not be such that it creates likely unsafe pedestrian and vehicular conflicts. 

 

Prior to the issuance of a temporary use permit, proof of a transient vendors license shall be required.

 

(e)        Outdoor Performances: A temporary use permit may be issued for outdoor plays or musical performances in any district as a part of an existing business or as a free-standing use provided that adequate parking and traffic circulation is available and any existing business operations will not be disrupted, provided further, that in the event amplified sound systems are used, such sound shall not be a public nuisance nor be conducted later than 10:00 p.m. Any traffic generated by the temporary use shall not use minor residential or neighborhood streets and can be accommodated on major thoroughfares or collector streets. Such permits shall be limited to two (2) days. 

 

(f)        Special Civic Events Including Festivals: May be permitted in any district. Such temporary use permit may be issued for a period of not longer than fifteen (15) days. Such activity shall be permitted only on lots where adequate off-street parking can be provided.

 

(g)        Temporary Construction, Security, and Real Estate Office: Temporary structures and operations in connection with, and on the site of building and land development, including grading, paving, installation of utilities, erection of field offices, erection of structures for the storage of equipment and building material, and the like, are permitted in each zoning district provided that such uses are subject to the issuance of a permit by the City. The office shall be removed within 10 days after final inspection of the permanent structure or expiration of the corresponding building permit, whichever event occurs first. In the case of residential development projects, the office must be removed within 10 days of sale or lease of all dwelling units. In addition, the temporary office shall be located on the lot on which construction or development is occurring and shall not be located within 25 feet of any abutting residential use.

 

No accessory building may be used prior to its principal building or use except as a facility of construction of said principal building. This exception is a temporary one which shall lapse one year after the issuance of the Zoning Compliance Permit.

 

(h)        Portable Storage Container Regulations

 

1.         Storage Structure. In any residential zone, a storage structure shall be an accessory use and used only for storage of materials commonly incidental to the occupancy of the principal residential use. This shall include commercial dumpsters. Such portable buildings shall meet all requirements for setbacks and building coverage. The use of a portable storage container shall not be allowed as an accessory portable building included in this section. Such portable storage containers may be utilized for temporary storage during remodeling, damage by fire, explosion or natural phenomena. The purpose is for storage to prevent exceptional hardship, but shall be located on the premises no longer than ninety (90)days. One (1) extension may be granted by the City Manager or the City Manager’s designee for a period of ninety (90) days. The use of a portable storage container shall require a building permit with no associated fee.

(Ord. No. 11-06 Revised Effective 8/03/06)

 

2.         Portable Storage Containers. In all other districts, no portable storage container may be used for any kind of human occupancy. Such portable storage containers may be used for storage in zoning districts that permit outside storage in designated loading areas as otherwise permitted herein provided that all site planning and screening criteria are met.

 

 

1.         Applicants desiring a temporary use permit for street vending must comply requirements with the following prior to the issuance of a permit:

i.          The applicant shall meet all requirements for and obtain a solicitor permit. See City Code §9-106 through §9-113.

 

ii.          The applicant shall not sell or distribute products or materials from or upon the streets, roadways, and intersections. See City Code §9-103.

 

iii.         The operator shall only sell or distribute products or materials during daylight hours.

 

iv.         The operator shall comply with posted “no solicitation” signs and immediately leave any premises when requested to do so.

 

2.         For street vendors, including but not limited to ice cream truck operators, who utilize music or other noise to attract patrons, the following additional requirements apply to protect the public safety and to minimize noise disturbances: 

 

i.          Operations shall be limited to non-arterial (secondary and minor) streets. See Zoning Ordinance § 11.01(a).

 

ii.          Any music or noise utilized must not exceed the decibel levels set forth in Zoning Ordinance § 12.04.  

 

(Ord. No 11-04 Revised Effective 12/01/05)