Administration and Enforcement

 

Section 16.01 Establishment of Administrative Officer

Section 16.02 Duties and Limitations of the City Manager
or Authorized Representative

Section 16.03 Zoning Compliance Permit Required

Section 16.04 Fees

Section 16.05 Certificate of Occupancy

Section 16.06 Effect of Code on Nonconforming Uses

Section 16.07 Creation of Board of Zoning Appeals

Section 16.08 Procedure of the Board of Zoning Appeals

Section 16.09 Appeals, How Taken

Section 16.10 Powers of the Board of Zoning Appeals

Section 16.11 Site Review

Section 16.12 Uses Requiring Planning Commission Approval

Section 16.13 Uses Requiring Administrative Approval

Section 16.14 Exemptions From Site Plan Review

Section 16.15 Site Plan Submission by Owner/Developer

Section 16.16 Reviews and Performance Standards

Section 16.17 Approval by City

Section 16.18 Time of Validity of Approved Site Plans

Section 16.19 Inspection and Supervision During Installation

Section 16.20 Buildings and Uses to Comply With Site Plans; Certificate of Compliance

Section 16.01 Establishment of Administrative Officer

The provisions of this code shall be administered by the Oak Ridge City Manager or the City Manger’s authorized representative.

Section 16.02 Duties and Limitations of the City Manager or the City Manager’s Authorized Representative

The City Manager or the City Manager’s authorized representative shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this code.

It shall be unlawful for the City Manager or the City Manager’s authorized representative to approve any plans or issue a zoning compliance permit for any filling and leveling, excavating or construction until he has inspected such plans in detail and found them in conformity with this code. To this end, the City Manager or the City Manager’s authorized representative shall require that every application for a zoning compliance permit for filling and leveling, excavation, construction, moving, alteration, or change in the type of use or type of occupancy, shall be accompanied by

written statements and plans or plats drawn to scale showing all applicable features of the proposed project as required in Article XIII Section 13.07 and Article XVI Sections 16.11 through 16.15 in sufficient detail to enable the City Manager or the City Manager’s authorized representative to ascertain whether the proposed work or use is in conformity with this code.

If the proposed filling and leveling, excavation, construction or moving or alteration, or use of land as set forth in the application are in conformity with the provisions of this code, the City Manager or the City Manager’s authorized representative shall issue a zoning compliance permit. If any application for such permit is not approved, the City Manager or the City Manager’s authorized representative shall state in writing on an appropriate denial form the cause for such disapproval.

The City Manager or the City Manager’s authorized representative may accept a preliminary application and a lesser number of submitted documents than those listed above in situations where a basic clarification is desired ahead of proceeding with further technical work; and the City Manager or the City Manager’s authorized representative may on such preliminary submittal take the formal action of denial and referral to the Board of Appeals. However, issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this code.

However, the City Manager or the City Manager’s authorized representative is under no circumstance permitted to grant exceptions to the actual meaning or any clause, order, or regulation contained in this code to any person making application to excavate, construct, move, alter, or use either buildings, structures or land.

However, the City Manager or the City Manager’s authorized representative is under no circumstance permitted to make changes in this code or to vary the terms of this code in carrying out his duties as City Manager, except for the correction of typographic or numbering errors in the ordinance, which said corrections may be made by the City Manager with the concurrence of the City Attorney.

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

Section 16.03 Zoning Compliance Permit Required

It shall be unlawful to commence the filling and leveling, excavation for or the construction of any building or other structure, including an accessory structure, or to commence the moving, alteration, or repair of any structure, including accessory structures which change land use, encloses previously open structures, adds new structures, or adds dimensions to existing structures, costing more than one hundred dollars ($100.00) or exceeding one hundred (100) square feet in area, until the City Manager or the City Manager’s authorized representative has issued for such work a Zoning Compliance Permit including a statement of his opinion that plans, specifications, and intended use of such structure does in all respects conform to the provisions of this code. Also, it shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a nonconforming use, until the City Manager or the City Manager’s authorized representative has issued for such intended us a Zoning Compliance Permit including a statement of his opinion that the proposed use does in all respects conform to the provisions of this code. Any repair, alteration, construction, removal, filling and leveling, excavation, or change of use must conform to the regulations for the district in which the structure or land is located; and the fact that in some instances a Zoning Compliance Permit need not be secured in no way relaxes such requirement. Application for a Zoning Compliance Permit shall be made not less than thirty (30) days prior to the time when a new or enlarged use of a building or premises or part thereof is intended to begin. This application shall be made in writing to the City Manager or the City Manager’s authorized representative. Any Zoning Compliance Permit issued under the provisions of this code shall be valid only for a period of six (6) months following the date of issuance thereof. When the City Manager or the City Manager’s authorized representative receives an application for a Zoning Compliance Permit which requires Board of Appeals Permit, such application shall be conveyed the City Manager or the City Manager’s authorized representative to the Board of Appeals. At the time a Zoning Compliance Permit is issued by the City Manager or the City Manager’s authorized representative, the applicant shall also obtain a placard stating that a Zoning Compliance Permit has been issued. This placard shall be conspicuously posted throughout the period of construction by the applicant on the premises for which the Zoning Compliance Permit is issued.

Section 16.04 Fees

A schedule of fees for permits issued under the provisions of this Code may be established by the Mayor and Council of the City of Oak Ridge.

Section 16.05 Certificate of Occupancy

No building or structure or use for which a zoning compliance permit has been issued shall be used or occupied following completion of construction until the City Manager or the City Manager’s authorized representative has, after final inspection, issued a certificate of compliance indicating his opinion that all the provisions of the Zoning Code are being complied with, and issued a certificate of occupancy indicating his opinion that all provisions of the Building Code are being complied with.

However, the issuance of a certificate of compliance or certificate of occupancy shall in no case be construed as waiving any provisions of this code.

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

Section 16.06 Effect of Code on Nonconforming Uses

The enactment of this code shall not be construed to alter any legal right or status of either the City of Oak Ridge or any member of the public which existed prior to the enactment of this code, regarding non-conforming uses, or any other matter dealt with in this code to which the existence or nonexistence of a use or practice at the effective date of these regulations is relevant. In such matters, the effective date of Ordinance No. 2, being the original zoning ordinance of the City of Oak Ride, shall be controlling.

Section 16.07 Creation of Board of Zoning Appeals

The Oak Ridge City Council hereby establishes a Board of Zoning Appeals of five members. The City Council shall appoint the members of said Board. The term of office of Board of Zoning Appeals members shall be for five (5) years excepting that the first five members appointed shall be for terms as follows:
One member shall be appointed for one (1) year; a second member shall be appointed for two (2) years; a third member shall be appointed for three (3) years; a fourth member shall be appointed for four (4) years; and a fifth member shall be appointed for five (5) years.

Section 16.08 Procedure of the Board of Zoning Appeals

Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman, and at such other times as the Board may determine. The Board shall adopt rules of procedure and shall keep records of appeals and the action thereon, which shall be a public record.

Section 16.09 Appeals, How Taken

 

All appeals to the Board of Zoning Appeals including administrative reviews, special exceptions, and variances, shall be filed through the Office of the City Manager or the City Manager’s authorized representative. An appeal to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer, department or board affected by any grant or withholding of a Zoning Compliance Permit or by any other decision of the City Manager or other administrative officer based in whole or in part on provisions of this Code. The Board of Zoning Appeals shall act only on appeals for administrative review, interpretation, exception, variance, special permit, or where it is alleged by the appellant that there is error in an order, requirement, decision or refusal made by the City Manager or any other administrative official in the carrying out or enforcement of any provisions of the Code. Such appeal shall be taken by filing with the City Manager or the City Manager’s authorized representative a “Notice of Appeal to the Board of Zoning Appeals.” Forms for appeal will be provided for this purpose by the office of the City Manager or the City Manager’s authorized representative. Upon the filing of an appeal, the City Manager or the City Manager’s authorized representative shall schedule the appeal for a hearing at the first regular meeting of the Board after a fifteen-day public notice of the time, date, and place of the hearing and shall thereon give such public notice. The City Manager or the City Manager’s authorized representative shall further send written notice of the appeal to the occupants and property owners, as shown on the City tax roll, of all properties that abut any lot line of appellant’s property. Such notice shall be mailed at least 15 days prior to the date of the hearing and shall identify the appellant(s) and appellant’s property, shall briefly describe the nature of the appeal, and shall provide the date, time, and place of the hearing. Nothing herein shall require additional public or individual notice if a hearing is continued from its initially scheduled date. At the hearing of an appeal, any person or party may appear in person or by agent or by attorney. The Board shall make a decision on the appeal within a reasonable time. Nothing herein shall prohibit the Board from calling or approving a special meeting to hear an appeal provided no such hearing may be held until after the giving of all notices required herein.

 

(Ord. No. 21-91 Revised Effective 9/05/91)

 

Section 16.10 Power of the Board of Zoning Appeals

 

(a) Administrative Review

 

To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal, made by the City Manager or any other administrative official in carrying out or in enforcing any provision or this code.

 

(b) Special Exceptions:

 

To hear and decide, in accordance with the provisions of this code, requests for special exceptions; for interpretation of the Zoning Map and for decisions on other special questions upon which the Board of Zoning Appeals is authorized to pass by this code. However, if a new addition or accessory structure is proposed for a previously approved special exception use, and the new addition or accessory structure is less than 2,000 square feet or less than 25% of the existing building (whichever is smaller), then Board of Zoning Appeals approval is not required.

 

Any special exception permit shall be subject to such conditions as the Board may require to preserve and promote the character of the district in which the use is located and otherwise promote the purpose of this code. Except in connection with the Uses Requiring Board of Appeals Permit where specific criteria therefore are set forth in this code, such a special exception to the terms of these zoning regulations may be made where granting of such exception follows the fundamental purpose and content of this code and the Board finds as a fact that such special exception serves the interest of the general public and also serves to further this overall zoning plan.

 

(Ord. No. 3-99 Revised Effective 3/11/99)

 

(c) Variance:

 

To authorize, upon an appeal, a variance from the strict application of the provisions of this code, where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this code, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of a regulation enacted under this code would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon, the owner of such property, provided such relief may be granted without substantially substantial detriment to the public good and without impairing the intent and purpose of this code. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building structure, or use it as it may deem reasonable in furtherance of the purpose of this code.

 

Section 16.11 Site Review

 

(a) Purpose

 

In order to promote careful and systematic review of future development within the community, to ensure compliance with all applicable zoning ordinance requirements and other engineering and development related ordinances and standards and to promote the general health, safety and welfare of the community, the following site plan review regulations shall apply.

 

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

 

 

 

(b) Grading Plans and Grading Permits

 

1. Grading Plans

 

Grading Plans shall include the following information:

a. Existing Contours

b. Finished Contours

c. Erosion Control/Storm Water Management Plan

d. Proposed Detention

e. Proposed Location of Structures

f. Proposed Location of Parking

g. Proposed Location of Storage/Loading Areas

h. Proposed Street Location and Street Access

i. Location of Existing Utilities

j. Proposed Location of Utilities

k. Reclamation Plan

 

2. Grading Permits

 

A grading permit is required of all properties prior to initiating movement of any material as referenced in Section 9-406 of the City’s Erosion Control & Storm Water Management Ordinance.

 

a. For residential uses, including single-family detached or up to four (4) attached housing units, a grading permit may be approved by staff.

 

b. For all non-residential uses which meet the following criteria, staff may issue a grading permit following submittal and approval of a grading plan:

 

i. The lot is located within a platted subdivision recorded in the appropriate Register of Deeds Office.

ii. The lot is ten (10) acres or less.

iii. The lot meets all applicable provisions of the City’s Erosion Control and Storm Water Management Ordinance.

 

c. For all other properties, an approved site plan shall be required prior to initiating any grading on a site for any non-residential use or residential use with more than four (4) attached housing units. A grading permit will be issued only after submittal and approval of a site plan as referenced in Section 16.12 or 16.13 of this ordinance. Following approval of a site plan, a grading permit may be obtained simultaneously with a building permit or singly without a building permit.

The Planning Commission, on a case-by-case basis, may make exceptions to this provision in the event a lot is designated for removal of fill material or placement of fill material associated with the construction of a road with the public right-of-way. The applicant shall submit a letter requesting exception to this provision. The Planning Commission may authorize the City Manager or the City Manager’s authorized designee to review and approve a grading plan and issue a grading permit.

(Ord. No. 18-04 Revised Effective 10/14/04)

 

 

Section 16.12 Uses Requiring Planning Commission Approval

 

(a) All proposed uses of a parcel/lot in the UB-2, B-1, O-2 and MH-1 zoning districts, except as identified in Sections 16.13 and 16.14 of this ordinance, shall only be permitted after a site plan showing the proposed development of the parcel/lot is reviewed by the City Manager for compliance with all ordinances and regulations and is approved by the Oak Ridge Regional Planning Commission.

 

(b) For such proposed uses, the Planning Commission shall also have authority to hear and decide Requests for Special Exceptions and Variances, as described in Section 16.10. Applicants desiring a Special Exception or Variance, in the applicable districts, may apply to either the Planning Commission or the Board of Zoning Appeals, but not both.

 

(Ord. No. 13-99 Revised Effective 7/16/99)

 

Section 16.13 Uses Requiring Administrative Approval

 

The City Manager shall review and approve site plans for compliance with ordinances and regulations in all zoning districts not expressly assigned to the Planning Commission and for any of the following changes to a site or development in all zoning districts:

 

(a) Expansion of an existing building or structure, in which the expansion amounts to less than 2,000 square feet of gross floor area or less than a twenty-five (25) percent increase in the gross floor area of the existing building or structure on the parcel (whichever is smaller); or construction of an accessory building or structure; or

 

(b) Change or expansion in the off-street parking layout which amounts to less than a 30-space increase in the number of spaces in the existing parking lot or less than a twenty-five (25) percent increase in spaces over the existing spaces (whichever is smaller), unless eligible for (c) below; or

 

(c) Any parking lot expansion in which both the proposed and existing parking lot(s) on the parcel are or will be brought into full compliance with Sections Article III Sections 3.18 and 3.19 and Article XI Sections 11.01 through 11.04 of this ordinance; or

 

(d) Change of use not involving (a), (b) or (c) above; or

 

(e) Field alterations to an approved site plan to accommodate unforeseen physical site conditions or reduce impervious lot coverage, including minor shifts in the locations of buildings, parking lots, landscaping, drainage structures and utilities from what was proposed in the approved plan, provided that the City Manager determines that the alteration is equal to or better than the original design.

 

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

 

 

Section 16.14 Exemptions from Site Plan Review

 

The following projects shall be exempt from site plan review:

 

(a) The construction of a single, two, three, or four family residential structure or additions to or accessory structures of those residential structures on single lots of record provided that they comply fully with any site requirements specified by the City Manager for submission and approval of housing construction plans.

 

(b) Reuse or interior renovation of an existing building or structure provided the proposed use complies fully with all applicable requirements of the Zoning Ordinance.

 

(c) Exterior renovations which are merely cosmetic and do not increase the usable floor space of the structure and comply fully with all applicable requirements of the Zoning Ordinance.

 

(d) Farming or other accepted agricultural uses (as identified in the “Tennessee Right to Farm Act” [ACT. 1982 (Adj. S.), Ch. 609], Section 43-26-103 or as hereafter amended), home gardens, home landscaping, and lawn preparations.

 

(e) Field alterations to an approved site plan to accommodate unforeseen physical site conditions or reduce impervious lot coverage, including minor shifts in the locations of buildings, parking lots, landscaping, drainage structures and utilities from what was proposed in the approved plan, provided that the City Manager determines that the alteration is equal to or better than the original design.

 

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

 

 

Section 16.15 Site Plan Submission by Owner/Developer

 

The applicant shall submit:

 

(a) Site Plan(s) to the City which shall meet the Administrative Requirements for site plans as promulgated by the City Manager and reviewed by the Planning Commission; and

 

(b) A separate landscaping plan for the site as required in Section 13.07, unless the City Manager determines that a separate plan is not necessary to demonstrate conformance with all standards, in which case the landscaping shall be shown on the site plan.

 

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

 

Section 16.16 Reviews and Performance Standards

 

The site plan and associated plans shall be evaluated for:

 

(a) Provision and compliance with the various zoning ordinance and locational information requirements, including appropriate zoning, minimum building and parking setbacks, building height limitations, maxim allowable floor area and other information specified in Section 6-920 of this ordinance.

 

(b) Compliance with zoning ordinance standards related to design/layout and adequacy of off-street parking lots and spaces (Sections 11.02 and 11.03 of this ordinance.)

 

(c) Compliance with zoning ordinance standards related to location and design of driveways providing vehicle access to public roads, including any required off-site road improvements (Section 11.01 of this ordinance).

 

(d) Adequacy of water supply, fire protection, sanitary sewer and electrical facilities using commonly accepted and applied engineering principles and City construction standards and specifications including the Subdivision Regulations.

 

(e) An overall landscaping plan for the site sufficient to meet all requirements in the zoning ordinance, including parking lot buffers, traffic islands and preservation of natural areas (Article XI and XIII of this ordinance).

 

(f) Screening of service areas including parking lots, loading areas, trash containment areas and ground level utility equipment. All ground level and roof top equipment such as heating, cooling, ventilation, refrigeration and mechanical systems shall be screened or not visible from public streets and residential zoning districts. Screening which is provided by landscaping should be shown on the landscaping plan.

 

(g) Arrangement and design of outdoor lighting in a manner that prevents offensive light spill over into adjacent residential areas and prevents glare for motorists on nearby streets (see also Subsection 11.03 (f) 4 of this ordinance).

 

(h) Compliance with the Erosion Control and Storm Water Management Ordinance through provision of adequate erosion control measures and drainage systems for the proper disposition of storm water runoff.

 

(i) Compliance with all sign regulations set forth in Article XIV of this ordinance.

 

(j) Provision of Sidewalks: When any new building or structure exceeding one thousand (1,000) square feet in floor space, including additions, is proposed on any property located within and adjacent to the area bordered by South Illinois Avenue, the Oak Ridge Turnpike and Lafayette Drive for which a site plan is required, the owner shall be required to install concrete sidewalks to City standards along all roads adjoining the property, when it is determined that public safety and accessibility warrant the construction in view of vehicle traffic and existing and expected pedestrian traffic.

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

Section 16.17 Approval by City

 

All site plans submitted pursuant hereto and which conform to the requirements and standards contained in this article shall be reviewed by the Planning Commission where such authority is expressly assigned to the Commission or by the City Manager where such authority is granted under the ordinance. Any site plan which fails to comply fully with any specific requirement of this article shall be denied approval. No building permit shall be issued until the site plan for the proposed use or development has been approved by the City.

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

 

Section 16.18 Time of Validity of Approved Site Plans

 

An approved site plan shall become null and void if no building permit or grading permit is issued for the site within twelve (12) months after approval, or if significant work on the project stops for over 12 months. A one-time extension of up to twelve (12) months may be granted by the City Manager upon written request of the applicant.

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

 

Section 16.19 Inspection and Supervision During Installation

 

(a) Unless otherwise provided in the article, the construction standards for all improvements required by this article shall conform to the City’s plumbing, building, electrical, fire codes, and other applicable laws, ordinances, and regulations. The City Manager shall inspect construction of such improvements to assure Conformity with all codes and the approved site plan.

 

(b) The developer or owner shall notify the City Manager no less than twenty–four (24) hours prior to undertaking construction of all off-site street improvements, water lines, and other improvements proposed to be permanently maintained by the City of Oak Ridge.

 

(c) The installation of improvements as required in this article shall in no case serve to bind the City to accept such improvements for their maintenance, repair or operation. Such acceptance shall be subject to the existing laws and regulations concerning the acceptance of each type of improvement. Prior to site plan approval, any improvement proposed for acceptance by the City upon completion may be subject to posting of a bond or acceptable security sufficient to enable proper completion by the City in the event the builder, owner or applicant is unable to complete such improvements or they are not completed according to approved plans.

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

 

Section 16.20 Buildings and Uses to Comply With Site Plans: Certificate of Compliance

 

(a) Permanent Certificate of Compliance

 

No permanent certificate of compliance shall be issued for any building or structure which does not conform to the approved site plan for the building or structure. A permanent certificate of compliance shall be issued when the buildings and site improvements are found to conform to the approved site plan and all applicable laws, ordinances, and regulations and “as built” drawings are submitted for all utility installations and improvements to be owned and maintained by the City. If the inspection or as-built drawings indicate revisions in the project as shown on the approved site plan, the City Manager may still issue a certificate of compliance if it is determined that the revised improvements are equal or better than what was shown on the approved plans and meets ordinance requirements.

 

(b) Certificate Issuance

 

Upon request by an owner or developer, the City Manager shall make all necessary inspections and shall issue the certificate or shall notify the applicant of the reasons for denial of the certificate. No application shall be denied except for noncompliance with applicable laws, ordinances and regulations which shall be explained in writing.

 

(c) Temporary Certificate of Compliance

 

If the project is incomplete preventing a permanent Certificate of Compliance from being issued, the applicant may be allowed to occupy the project by applying for a temporary certificate of compliance and providing a cash deposit, bond, certified check or other form of security acceptable to the City, in an amount sufficient to complete the project. Upon provision of such security, the City Manager may issue a temporary certificate of compliance for a period not to exceed nine (9) months if the project is in a safe and usable condition, with provision that incomplete work be completed within that period, or the temporary certificate of compliance will be revoked and the security will be used by the City to complete the work. The City Manager shall set the amount of the security based on the estimated cost of the incomplete work plus the City’s administrative costs. Within thirty (30) days of the completion and acceptance by the City of such incomplete work, the security shall be released.

 

(d) Partial Certificate of Compliance

 

In a multiple-building project, the City Manager may issue a partial certificate of compliance for one or more buildings if that portion of the project meets all site plan requirements and is in a safe and usable condition. No security shall be required for such partial certificates of compliance.

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