Special Districts

 

Section 9.01 G, Greenbelt Districts

Section 9.02 E, Education and Research Districts

Section 9.03 MH-1, Mobile Home Park Districts

Section 9.04 TND, Traditional Neighborhood Development District

Section 9.05 PUD, Planned Unit Development District

Section 9.06 FIR District

Section 9.07 Floodplain Regulations

Section 9.08 F, Floodway Districts; Floodway Fringe Area

Section 9.09 Manhattan District Overlay (MDO)

 

Section 9.01 G, Greenbelt Districts

 

Purpose

 

It is the purpose of the G, Greenbelt District to provide for certain publicly held property to be preserved, as nearly as practicable, in its natural state. The general attractiveness and well-being of the community is believed to be substantially enhanced by preserving such parcels in their natural state.

 

The following regulations shall apply in the G, Greenbelt Districts.

 

(a) Permitted Principal Uses:

 

Greenbelt Districts shall be used to enhance the atmosphere, beauty, and well-being of the community by preserving parcels so designated, as nearly as practicable, in their natural state.

 

(b) Permitted Accessory Uses:

 

1. Hiking or walking to enjoy the natural beauty.

 

2. Cleared and marked walking trails (to be approved by the Recreation Department).

 

3. Operations that are accepted practice of forestry science as necessary to maintain safety and public value in its natural state.

 

4. Signs marking trails, or regulatory signs.

 

5. Noncommercial gardens of proximate lot owners, subject to annual approval of the City Manager. In no case shall trees be cut to provide additional garden area.

 

(c) Uses Requiring Approval of City Council:

 

Municipal, state, or federal uses, such as right-of-way easement for electric transmission lines, pipelines, or roadways. A public hearing shall be required prior to City Council approval of each municipal, state, or federal use in the Greenbelt District. Prior to each approval (and following the public hearing), the City Council shall find that each use will promote the general well-being of the com­munity and will have no material adverse effect upon the district in which it is located.

NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.

 

(Ord. No. 25-93 Revised Effective 9/30/93)

 

 

Section 9.02 E, Education and Research Districts

 

Purpose

 

The E District classification is established to provide adequate and suitably located areas for educational and research institutions including uses which appertain to the activities of the institutions situated therein, provided they are not operated for profit, and to prevent the intermingling or scattering within these districts of private residential dwellings, commercial and sales operations or other activities, uses, structures or buildings of a type other than those expressly permitted.

 

The following regulations shall apply in E, Education and Research Districts.

 

(a) Permitted Principal Uses:

 

1. School, college and education research institution not operated for profit.

 

2. Family day care home, child care center, and private education institution.

 

(Ord. No. 16-90 Revised Effective 7/5/90)

(Ord. No. 19-99 Revised Effective 8/26/99)

 

(b) Permitted Accessory Uses:

 

1. Any use customarily incidental to the permitted principal use, provided that it will not impair the public health, safety, morals, convenience, comfort, prosperity, or other aspects of the general welfare. In case a question arises as to the degree of incidentalness or compatibility, the Board of Appeals shall rule.

 

2. Residential and sales operations operated by said educational institute.

 

3. Signs: (see Article XIV)

 

(Ord. No. 31-86 Revised Effective 1/1/87)

 

4. Automobile Parking: (see Article XI)

 

(c) Uses Requiring Board of Appeals Permit

 

1. Municipal uses, public utilities, providing such uses will promote general welfare of the community and will have no material adverse effect upon the district in which it is located.

 

2. Transitional Accessory Uses (see Section 4.08 for Criteria).

 

(Ord. No. 4-98 Revised Effective 1/15/98)

 

(d) Area, Height, Bulk, and Placement Regulations:

 

Maximum Usable Floor Area to Lot Area: 80%.

 

Minimum Required Setback Dimensions in Feet: Front - 30 ft.; Least One side - 15 ft.; Total of Two Sides - 30 ft.; Rear - 30 ft.

 

NOTE: See Article XIII and XVI of this ordinance for applicable site plan review regulations.

 

(Ord. No. 25-93 Revised Effective 9/30/93)

(Ord. No. 19-99 Revised Effective 8/26/99)

 

 

Section 9.03 MH‑1, Mobile Home Park Districts

 

Purpose

 

It is the purpose of the MH‑1 zone to provide for planned mobile home parks in single ownership including recreational and service facilities.

 

It is the intent of the MH‑1 zone to provide the maximum amount of freedom possible in the design of mobile home parks and the grouping and layout of mobile homes within such parks; to provide in such developments the amenities normally associated with planned residential areas; to encourage the development of comprehensive pedestrian circulation networks, separated from vehicular roadways, linking residential, recreational, and service facilities; to permit the greatest possible amount of freedom in types of park developments; and to encourage site and development plans which will maximize compatibility between mobile home parks and adjoining property.

 

The following regulations shall apply in the MH‑1, Mobile Home Park District.

 

(a) Permitted Principal Uses:

 

Mobile Home Park, in single ownership.

 

(b) Permitted Accessory Uses:

 

1. Automobile parking (see Article XI).

 

2. Signs (see Article XIV).

 

(Ord. No. 31-86 Revised Effective 1/1/87)

 

3. Office building to be used only for rental and maintenance services for the mobile home park.

 

4. Recreation uses for occupants such as community buildings and other community use facilities, swimming pools, tennis courts, adult recreation and child play areas.

 

5. Facilities such as clothes washing areas and drying yards.

 

6. Any use customarily incidental to the permitted principal use.

 

(c) Uses Requiring Board of Appeals Permit:

 

1. Transitional Accessory Uses (see Section 4.08 for Criteria).

 

(Ord No. 4-98 Revised Effective 1/15/98)

 

(d) Dwelling Density, Height, Bulk, and Placement Regulations:

 

Mobile Home Unit Density: Maximum units per acre - 7.

 

Minimum Required Setback Dimensions: Exterior boundaries of mobile home park: 30 feet.

 

Minimum Mobile Home Park Size: Thirty (30) mobile home spaces.

 

(e) Mobile Home Park Development Standards:

 

1. Site Requirements

 

a. Street lighting shall be installed on privately-owned roads, and may be either overhead or low level, but must reflect onto the street.

 

b. All utilities provided within the park shall be placed underground. Easements for such utilities shall be pro­vided to serve each mobile home space, and elsewhere as needed.

 

c. Each mobile home shall be connected to the municipal water and sewer system.

 

d. Not less than ten percent (10%) of the area of the mobile home park shall be devoted to recreation facilities con­venient to all residents of the park.

 

e. Each park shall provide screened storage areas for bulky household items and parking space for such vehicles as boats and campers belonging to the residents in addition to the required area for recreation.

 

f. One-half (1/2) or more of the spaces in each stage of the park's construction shall be completed and ready for occu­pancy, or a performance bond be posted sufficient to complete such a number of spaces, before any mobile home in that stage shall be allowed to connect to utilities within the park. The minimum first stage of development shall be ten (10) spaces.

 

g. On steep terrain, mobile home spaces shall be built with a minimum disturbance of natural terrain. Disturbed surfaces shall be replanted with adequate provisions for surface drainage and erosion control.

h. Mobile home parks shall have direct access to collector streets or arterial streets without the need to traverse minor streets.

 

i. Fire hydrants shall be spaced not more than nine hundred (900) feet apart, and shall be located on roads. No mobile home space shall be farther than six hundred (600) feet from a fire hydrant as measured along a public right-of-way.

 

j. Guest parking areas will be required where pavement widths are less than twenty-eight (28) feet.

 

k. A landscaping and screening plan showing all man-made features, and the location, size, and species of all planting materials shall be required, showing particularly how the park harmonizes along its perimeter with adjacent areas.

 

2. Individual Mobile Home Space Requirements:

 

a. Each mobile home space within the park shall be provided with a level patio or deck area, built of a hard surface material, located so as to be convenient to the entry of the mobile home. The patio or deck shall have a minimum width of eight (8) feet and a minimum area of ninety-six (96) square feet of usable area.

 

b. Mobile homes shall be arranged so as to provide adequate privacy, light, and air to the occupants of each such home. Minimum separation for fire safety shall be twenty-five (25) feet. Along streets or roadways mobile homes shall be set back a minimum of fifteen (15) feet from the right-of-way or twenty-five (25) feet from the edge of pavement, whichever is more.

 

c. Each mobile home space shall be equipped with tie-down anchors in accord with State and local code requirements.

3. Individual Mobile Home Requirements:

 

a. All mobile homes within the park shall be skirted.

 

b. All mobile homes permitted for residential purposes within the City of Oak Ridge shall meet National Mobile Home Construction and Safety Standards Act of 1974 for mobile homes manufactured after June 15, 1976, and American National Standards Institute ANSI Standard A 119.1 (October, 1969) as amended, and other State and local codes for mobile homes manufactured prior to June 15, 1976.

 

c. Each mobile home shall have a minimum usable floor area of four hundred and fifty (450) square feet.

 

d. Each mobile home shall be placed on a foundation in accordance either with the manufacturer's specification for the specific unit, with State and local code requirements, or as designed by a registered engineer to meet the imposed loads, whichever is the most restrictive.

 

e. Each mobile home shall be tied down with wind-resistant ties that meet or exceed State and local code requirements.

 

f. Each mobile home space shall be accessible only by a mobile home park road.

 

4. Road Requirements:

 

Roads within a one-ownership park may be public or private. All roads shall meet City construction regulations and shall have mountable curbs.

 

The Planning Commission shall determine where a dedicated road stops and where a private driveway begins. The following requirements shall apply:

 

a. Internal mobile home park collector roads -- minimum of forty (40) foot right-of-way. A minimum of twenty-eight (28) feet of paved surface.

 

b. Internal mobile home park minor roads -- minimum thirty (30) foot right-of-way. A minimum of twenty-two (22) feet of paved surface.

 

c. An internal mobile home park collector road is defined as a road designed to facilitate traffic movement from one or more internal mobile home park minor roads.

 

d. All roads which provide ingress and egress from existing arterial collector roads to the mobile home park shall be deemed to be internal mobile home park collector roads.

 

e. The radius at all street curves or intersections shall be large enough to contain mobile home units within the right-of-way. Street lights shall be located in conformity with this requirement.

 

f. Each mobile home park road shall be designed so it is accessible by a hauler at all times. The surface of such roads in Floodway Fringe districts shall not be more than one foot below the level of the 100-year flood at any point.

 

(f) Administration

 

Issuance of Zoning Compliance Permits for use, excavation, addition, alteration, construction, reconstruction, or location of mobile homes within MH‑1 Mobile Home Park Districts shall require review by the City and approval of plans and specifications, and approval of the site plan by the Planning Commission in the interest of the general welfare, and in order to promote orderly development and to insure that development of the Mobile Home Park will not detract from surrounding properties. The Planning Commission shall notify the applicant in writing of its action not later than sixty (60) days after receipt by the Planning Commission of the site plan, unless the applicant consents in writing to an extension of this time limitation. In reaching its decision on each site plan, the Planning Commission shall consider and determine whether the plan is in accord with the purposes of the MH‑1 zone and of the other general purposes of this and related ordinances in maintaining the welfare of the City of Oak Ridge.

 

1. Mobile home site plans, including floor plans and elevations of accessory buildings, shall be drawn at a scale of not less than one (1) inch equals fifty (50) feet; any floor plans and eleva­tions shall be drawn to a scale of one-fourth (1/4) inch equals one (1) foot.

 

2. Mobile home park site plans shall show the following:

 

a. Statement indicating proposed staging of development.

 

b. The proposed title of the project and the name and address of the engineer, architect, landscape architect, or sur­veyor, and the name of the developer.

 

c. Location map.

 

d. The north point, scale and date.

 

e. Existing zoning and zoning district boundaries.

 

f. The boundaries of the property involved, all existing property lines, existing streets, structures, waterways, hillside areas, and other existing physical features in or adjoining the project.

 

g. Topography of the project area with contour intervals of five (5) feet or less.

 

h. Number of mobile home spaces.

 

i. Size in acres.

 

j. Property lines and names of adjacent owners.

 

k. The location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures in or adjacent to the project, including existing and proposed facilities.

 

l. The location, dimensions and character of construction of proposed mobile home spaces, structures, roads, accessways, drives, walks, parking areas, loading areas, recreation areas, storage areas, curbs and gutters, curb cuts, and any additional information required by the Planning Commission in order to consider all features of the proposed development and to determine whether or not the regulations and requirements for the MH‑1 District would be met by the proposed development.

 

m. Location and character of any sign (see Article XIV).

 

(Ord. No. 31-86 Revised Effective 1/1/87)

 

n. Landscaping and screening plan as well as the proposed treatment of slopes in excess of ten (10) percent to prevent soil erosion and excessive runoff.

 

3. Zoning Compliance Permit:

 

Zoning Compliance Permits shall be issued upon approval of the site plans by the Planning Commission; however, all such Zoning Compliance Permits shall clearly state that Certificate of Occupancy will not be issued for any use or activity within the mobile home park until all perimeter boundary buffering and landscaping has been completed or bond posted for their comple­tion.

 

NOTE: See Articles XIII and XVI of this ordinance for applicable site plan review regulations.

 

(Ord. No. 25-93 Revised Effective 9/30/93)

(Ord No. 19-99 Revised Effective 8/26/99)

 

Section 9.04 TND, Traditional Neighborhood Development Districts

 

(a) Purpose.

The purpose of the Traditional Neighborhood Development (TND) district is to support the development of human scale, walkable communities where residences, business and commercial uses are within walking distance of one another. These can range from small infill or redevelopment projects located in already-developed areas and relying on adjacent land uses, to larger new towns complete within their own village centers and hundreds of acres of mixed housing types. Buildings within these communities can vary as well, from neighborhoods consisting primarily of single-family attached and detached dwellings, to mixed use centers, complete with integrated retail, civic, office and residential uses, including live-work units, and housing units located on top of shops.

 

In smaller TNDs, existing streets and amenities provide important services. In larger TNDs, the various uses are connected and unified by a network of streets providing a pedestrian and bicycle-friendly environment. Within this street network on-street parking is provided as a traffic-calming and pedestrian-safety device, while street trees and sidewalks create a pleasant and safe walking environment. Regardless of size, the pedestrian-oriented nature of the district is reinforced by human-scaled buildings which relate to the street, provide safe pedestrian access, and create a distinct district identity. In addition, the master planned nature of this district allows building setbacks to be reduced from conventional standards as part of a carefully programmed and cohesive design.

 

This district also supports the preservation of environmentally and historically sensitive or significant sites and the incorporation of a variety of open space and recreational amenities into new development. Different types of open space are distinguished, and uses permitted within each reflect the open spaces’ unique purposes. Lots sizes may be smaller and more varied than conventional lots to provide for adequate densities while encouraging preservation of green space.

 

(b) Definitions.

 

When used in this section, the following terms shall have the meanings set forth below:

1. “Active recreation area” shall be an open space.

 

2. “Alley, Commercial” means a twenty-four (24) foot wide mid-block public access easement connecting two streets, having a twenty-four (24) foot wide paved area and serving commercial uses.

 

3. “Alley, Residential” means a minimum of twenty-four (24) foot wide mid-block public access easement connecting two (2) streets, having an eight (8) foot wide paved area and serving residential uses.

 

4. “Association” means a property owners’ association or a sub-association of a property owners’ association.

 

5. “CCRs” mean conditions, covenants and restrictions prepared in accordance with Section 9.04 (c) 3 b.

 

6. “Common open space” means an active recreation area, limited access area, park, plaza, or preserve area which shall be owned and maintained in perpetuity by the Association. Unless authorized by the Planning Commission, no structure within open space shall exceed thirty-five (35) feet in height.

 

7. “Development permissions” shall specify the maximum number of one-family dwellings; two-family, three-family and four-family dwellings; multi-family dwelling units; flexhouse units; and townhouse units located within a subarea. Additionally, the maximum square footage of various non-residential uses shall be specified.

 

8. “Flexhouse” means a dwelling containing commercial space at sidewalk level meeting lot type use limits and all parking requirements established for the dwelling, plus required parking for the commercial space.

 

9. “Front setback” means a line parallel to the front lot line and measured from the back of the required sidewalk, or from a line twelve (12) feet from the back or curb when no sidewalk is provided, or from a line twelve (12) feet from the edge of pavement when no curb or sidewalk are provided.

 

10. “Limited access area” shall be an open space.

 

11. “Lot type” means all lots defined within this section.

 

12. “Outbuilding” means an ancillary building, usually located towards the rear of the lot, on the same lot as a townhouse, flexhouse, one-family, two-family, three-family or four-family dwelling. Outbuildings shall include all garages and may include a dwelling unit not exceeding the lesser of eight hundred (800) square feet or forty percent (40%) of the size of the principal dwelling. Such unit shall house not more than one (1) family and not more than two (2) boarders or lodgers. For all flexhouses, townhouses, one-family, two-family, three-family, and four-family dwellings, an outbuilding shall be deemed customarily incidental to the permitted principal use.

13. “Park” shall be an open space.

 

14. “Plaza” shall be an open space.

 

15. “Preserve area” shall be an open space.

 

16. “Storefront character” means meeting the design regulations established in Section 9.04 (y).

 

17. “Storefront area” means an area indicated on the Master Plan and Subarea Master Plan where a storefront character is required for all buildings. Within such area, each block face or lot frontage subject to these regulations shall be indicated on the Master Plan.

 

18. “Street type name” means the street names established in Table I.

 

19. “Street classification” means TND Arterial Street, TND Major Collector, TND Minor Collector and TND Local Street as established in Section 9.04 (o).

 

20. “Subarea” means those identified in the Master Plan and as defined in Section 9.04 (r).

 

(c) Administration

 

1. Regulations set forth in this district shall take precedence over all City of Oak Ridge regulations. All items not addressed within this district or within the Attachments shall be subject to those regulations established by the City of Oak Ridge.

 

2. All parcels of land seeking rezoning to this district shall be subject to the following regulations:

 

a. Applicants shall provide a Master Plan drawing, with appropriate legend and data block, for subject property showing:

 

(1) Approximate street locations and street classification;

 

(2) Approximate fifteen (15) foot intersection radii locations;

 

(3) Storefront area locations; and

 

(4) Subarea locations, including a range of development permissions by subarea. All subject property shall be assigned to a subarea. A Master Plan shall include a minimum of one (1) subarea; and

 

(5) Open space acreage and percentage of site. Such shall include the sum of active recreation areas, limited access areas, parks, plazas and preserve areas, less the portion of said open space dedicated to schools or other buildings which may be located therein. For developments greater than ten (10) acres, not less than fifteen percent (15%) of the total land area shall be open space;

 

(6) Approximate location of existing and planned major utility facilities and easements;

 

(7) Expected first phase of project;

 

(8) North arrow;

 

(9) Scale of drawing; and

 

(10) Existing street names.

 

b. Attachments showing the following customized matrices:

 

(1) Attachment A: Lot Requirements, showing any further permitted limitations to the regulations established in Table I or Table II; and

 

(2) Attachment B: Open Space Requirements, showing additional uses and structures permitted in active recreation areas, limited access areas, parks, plazas, and preserve areas.

c. In addition, the City of Oak Ridge may require a traffic impact study for developments generating greater than one thousand (1,000) daily vehicle trips after partial or full development. Such study shall be consistent with the Traffic Impact Study Requirements of the City of Oak Ridge Subdivision Regulations.

 

d. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities, drainage ways and common open space.

 

3. Prior to proceeding with the platting process within any subarea, a Subarea Master Plan for said subarea shall be submitted for approval to the Planning Commission. The Subarea Master Plan shall include:

 

a. Subarea Master Plan drawing with appropriate legend and data block showing:

 

(1) Subarea boundaries;

 

(2) Approximate lot locations, with lot type identified;

 

(3) Approximate total number of lots by lot type;

 

(4) Approximate number of single family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said subarea, as well as total square footage of all non-residential uses; such shall not exceed the development permission for said subarea;

 

(5) Approximate footprints of all buildings, including parking decks, with the exception of one-, two-, three-, and four-family dwellings;

 

(6) Approximate storefront area locations;

 

(7) Approximate alley locations;

 

(8) Approximate street locations and street names of utilized streets, including widths and intersection radii;

 

(9) Approximate sidewalk locations showing an interconnected and continuous network;

 

(10) Approximate utilities and utility easement locations;

 

(11) Approximate active recreation area, limited access area, park, plaza and preserve area locations;

 

(12) Approximate pedestrian trails and other amenity locations;

 

(13) Any other structures or development requiring a building permit;

 

(14) Relationship of subarea to surrounding properties, including street network, open space and public services;

 

(15) North arrow;

 

(16) Scale of drawing;

 

(17) Existing street names;

 

(18) Attached request for approval of any uses customarily requiring a Board of Zoning Appeals Permit; and

 

(19) In cases where Estate, Hillside, Cottage or Carriage lots are located in areas meeting, or eligible for meeting, the definition of “Hillside Areas” as established in the City of Oak Ridge Subdivision Regulations, said lots shall be labeled “Hillside Condition”, in addition to their particular lot type on the Subarea Master Plan, Preliminary Plat and Final Plat.

 

b. The applicant shall provide a draft Conditions, Covenants and Restrictions for said property. Prior to issuance of a Certificate of Occupancy for any structure, a final version must be approved by the City Manager or the City Manager’s designee. Conditions, Covenants and Restrictions must:

 

(1) Create a Property Owners’ Association with mandatory membership for each property owner;

 

(2) Require the collection of assessments for members in an amount sufficient to pay for its functions;

 

(3) Provide for ownership, development, management and maintenance of all community parking facilities and other common areas;

 

(4) Provide for maintenance of landscaping, street furniture and trees within the sidewalk; and

 

(5) Provide for sidewalk cleaning and maintenance in rights of way adjacent to commercial uses.

 

c. The applicant shall provide a draft agreement between the applicant and the City of Oak Ridge detailing installation and maintenance responsibilities for all streetscape items not customarily provided by the City of Oak Ridge.

 

4. At the property owner’s request and Planning Commission approval, approval of the Subarea Master Plan may constitute approval of a preliminary plat subdivision for an entire subarea or portion thereof; provided that, in addition to the requirements herein, the requirements for Preliminary Plat: Submission, Review and Approval, of the City of Oak Ridge Subdivisions Regulations are met for said subarea or portion thereof.

 

5. In general, the construction and provision of all common open spaces and recreational facilities that are shown on the Subarea Master Plan must proceed at no slower rate than the construction of dwelling units. From time to time, the Planning Commission shall compare the actual development with the Subarea Master Plan. If the Planning Commission finds that the percentage of dwelling units or commercial structures building (as a percentage of the total subarea development permission) is substantially greater than the percentage of area provided (as percentage of the total subarea common open space acreage), then the Planning Commission may, after notice and a thirty (30) day opportunity to cure, cease to approve additional final plats and/or instruct the City Manager or the City Manager’s designee to discontinue the issuance of building permits.

 

6. In cases where approval of a Subarea Master Plan has not constituted approval of a Preliminary Plat, and before Preliminary Plat approval, the City Manager or the City Manager’s designee may authorize the following administrative changes to a Subarea Master Plan:

 

a. The number of single family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said subarea, as well as total square footage of all non-residential uses may be changed, provided such does not exceed the development permissions for the given subarea;

 

b. Storefront area locations may be moved, but total block frontage shall not be reduced;

 

c. Sidewalk locations may be moved but shall still provide an interconnected and continuous network;

 

d. Active recreation area, limited access area, park, plaza and preserve area locations may be moved but total area not reduced; and

 

e. Pedestrian trails and other amenity locations may be moved, but total amenities not reduced.

 

7. Subsequent to approval of the Final Plat by the Planning Commission, but before a Certificate of Occupancy has been issued for a building, the City Manager or the City Manager’s designee may authorize the following variations:

 

a. Variations for lots labeled “Hillside Condition” under the provisions of Section 9.04(c) 3 a 19 including:

 

(1) Retaining wall heights greater than those contained in this section;

 

(2) Front setbacks less than those contained in this section;

 

(3) Circular drives between a building and the street;

 

(4) Driveways between the building and the street or not perpendicular to the street;

 

(5) Finished floor elevations above sidewalk level, or edge of right of way when no sidewalk is provided, for terraces, porches and stoops;

 

(6) Porch steps extending into the front setback a distance greater than five (5) feet; and

 

(7) Parking between the principal building and the street, provided that such parking does not exceed two (2) spaces when located in surface parking area.

 

b. Setback variations of twenty percent (20%) for all lots not labeled “Hillside Condition” under the provisions of Section 9.04(c) 3 a 19.

 

8. Planning Commission may authorize applications for amendments to the zoning conditions placed on any Master Plan or Subarea Master Plan, as long as there is no reduction in common open space acreage or no change in common open space category, provided that the following criteria are met:

a. Practical Difficulties or Unnecessary Hardship

 

That strict application of the zoning conditions would result in practical difficulties or unnecessary hardship, which may include the following:

(1) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings or uses referred to in the application, which circumstances do not apply to other land or uses in the district.

 

(2) That changing demographics of the area, needs of demographics or market demands of demographics are such that such zoning conditions do not reflect such demographic factors.

 

(3) When zoning conditions include requirements which exceed the specific requirements of the code, that the cost or time required to implement such requirements or amenities render such zoning conditions impractical.

 

b. Not Detrimental

 

That granting the application will not be detrimental to the public welfare or injurious to property or improvements in the vicinity of the affected area.

 

c. Health or Safety Not Adversely Affected

 

That granting the application under the circumstances of the particular case will not adversely affect the health or safety of the persons working or residing in the vicinity of the affected property.

 

d. Maintains Intent of TND District and the City’s Comprehensive Plan That such amendment is consistent with the intent of the TND District and will not adversely affect the community objectives stated in the City’s Comprehensive Plan.

 

(d) Permitted Principal Uses.

 

A building or premise shall be used for permitted principal uses and structures only as identified in lot type and open space regulations.

 

(e) Permitted Accessory Uses.

 

A building or premise shall include permitted accessory uses only as identified in lot type and open space regulations.

(f) Uses Requiring Board of Zoning Appeals Permit.

 

A Board of Zoning Appeals Permit shall be required as identified in lot type regulations, except that a Board of Zoning Appeals Permit shall not be required if such use is approved by the Planning Commission as part of Master Plan or Subarea Master Plan approval.

 

(g) Area, Height, Bulk and Placement Regulations.

 

Height, Bulk and Placement Regulations shall be:

 

1. As identified in lot type and open space regulations within this section; or

 

2. As identified in Attachment A: Lot Requirements, subject to the regulations established by lot type

 

(h) Utility Regulations.

 

Public and private utilities shall be subject to the following:

 

1. A fifteen (15) foot horizontal clearance shall be provided from overhead utility lines for a total easement of thirty (30) feet to meet horizontal clearance requirements. This easement shall provide clearances required to properly maintain the system and meet the requirements of the National Electric Safety Code, as adopted by the State of Tennessee.