Recode Knoxville: Exploring Draft 5 Zoning Code Revisions

The 5th Recode Draft will be available on April 30th as well as the 4th draft of the proposed zoning map. In this blog, you will see the Draft 5 revisions so you can review them as early as possible. In reviewing the Draft 5 zoning code revisions below, the bold items are the title and location of the revision from Draft 4. The highlighted items are new added language. The highlighted items with a (- and a -) enclosing that section have been deleted.

Zoning Code Revisions – Draft 5

Section 1.2
Revised subsection 1.2.b. as follows:
Promote orderly development of the City and implement the adopted Knoxville-Knox County General Plan (-and its component parts-), which incorporates more specialized adopted plans, including (-adopted-) sector plans, corridor plans, and small area plans adopted by City Council. (-related documents-)

Section 1.3
Revised subsection 1.3.A. as follows:
This Code applies to all land, uses, and structures within the City of Knoxville, with the exclusion of County, State, and Federally owned property. Privately owned properties leased by the County, State, and Federal governments are subject to this Code

Section 1.4
Revised to provide for Request for Change in Designation to Prior Zoning Equivalent

Section 2.3
New definitions or revised definitions as follows:
Accessory structure – use definition from current code

Accessory use – use definition from current code

Base zone

Home Occupation. Revise definition: Any (-commercial-) activity carried out for economic gain by a resident, conducted as an accessory use in the resident’s dwelling unit.

Knoxville-Knox County Planning. Refers to and is synonymous with the Metropolitan Planning Commission

Nightclub – define as requested by City Law Dept.

Self-Storage Facility: Enclosed. A facility for the storage of personal property where individual renters control and access individual storage spaces located within a fully enclosed building that is climate controlled. Retail sales of related items, such as moving supplies, and facility offices may also be included. Rental of vehicles and other equipment for moving is a separate use from self-storage facility. The heavy retail, rental, and service use (-must be allowed within the district-) shall only be allowed in districts that permit the use and shall require(-s-) separate approval.

Self-Storage Facility: Outdoor. A facility for the storage of personal property where individual renters control and access individual storage spaces and where each storage unit has individual access from the outdoors. Retail sales of related items, such as moving supplies, and facility offices may also be included. Rental of vehicles and other equipment for moving is a separate use from self-storage facility. The heavy retail, rental, and service use (-must be allowed within the district-) shall only be allowed in districts that permit the use and shall require(–s-) separate approval.

Section 4.1
Revised as follows:
EN, RN-1, and RN-2 Zoning Districts identified as low density residential districts.

RN-3, RN-4, and RN-5 Zoning Districts identified as medium density residential districts.

RN-6 and RN-7 Zoning Districts identified as high density residential districts.

Table 4-1
Provides option/opportunity for more urban form in RN-6 district by revising dimensional standards for RN-6 as follows:
Minimum Front Setback – for properties within one mile of the DK District, measured from the edge of the property to the closest point of the DK district, and no parking in the front setback: 12 feet

Section 5.3.B.
Revised as follows:
B. In the (-O and-) C-N District(-s-), and in the O district when abutting single-family residential zones, nonresidential development is limited to the maximum gross floor area indicated in Table 5-1. Additional gross floor area may be permitted if, during site plan review, it is found that the development meets all of the following standards. If the development is being approved in conjunction with a special use, then a request for increased floor area will be reviewed as part of the special use, rather than site plan review

Table 5.1
Change maximum gross floor area for O District to 5,000 SF when abutting single-family residential districts unless meeting the standards of 5.3.b
Taller structures (over 45’) must setback additional 1’ for every 2’ in height over 45’ from any required setback when property abuts residential district

Article 7
Form codes inserted in their entirety

Section 8.7
Neighborhoods built more than 50 years ago, rather than prior to 1950, eligible for Infill Housing overlay

Section 8.9
Hillside Overlay provisions revised to apply only to residential development and to avoid conflicts with vested rights.

Table 9-1
Identify Heavy Retail, Rental, and Service as a permitted use in the I-G District

Identify Kennels as a permitted use in the IMU District

Identify Nightclub as a special use in the CG, CH, and CR districts

Section 9.2
Clarify that certain uses prohibited as standalone structures in Office Park district

Section 9.3.V. Neighborhood Nonresidential Reuse
Revise as follows:
Once approval of a neighborhood non-residential reuse is granted, the structure may be reused for any of the uses in item 2 below. Any change of an approved use to another use allowed within item 2 requires a new special use approval

Section 9.3.V.6 Neighborhood Nonresidential Reuse Sign Standards
Revise as follows:
6. (-Signs are those allowed in the C-N District.-) Signage shall comply with the following:
a. One monument sign and one attached sign (wall or projecting) on each street facing façade are permitted.
b. Monument signs shall have a maximum size of 12 square feet and a maximum height of 3 feet. Monument signs shall be setback a minimum of 2 feet from property lines and from rights-of-way.
c. Wall signs shall have a maximum size of 12 square feet.
d. Projecting signs shall have a maximum size of 4 square feet and must have a minimum clearance of 7 feet from ground.
e. Window signs shall not cover more than 20% of the window area.
f. Pole signs are prohibited.

Section 9.4.G. Temporary Outdoor Entertainment
Revised as follows:
1. Temporary outdoor entertainment in the residential districts is restricted to those events associated with and conducted by a place of worship, educational facility, or registered neighborhood association.

Section 9.4.H. Temporary Outdoor Sales
Revised as follows:
1. Temporary outdoor sales in the residential districts is restricted to those events associated with and conducted by a place of worship, educational facility, or registered neighborhood association.

4. Time Limits
Clarification provided on time limits
(Note – limit on extension of time limits for all temporary uses provided in Article 16.10 – one extension for one time period permitted upon approval of written request)

Section 10.2 Exterior Lighting
New standards added to reduce impact of exterior lighting on residential properties

Section 10.3.B.1. (ADU’s)
Revise as follows:
1.The design and size of the accessory dwelling unit (ADU) must conform to all applicable building codes. (-When there are practical difficulties involved in carrying out the provisions of the building codes, the building official may grant modifications for individual cases.-)

Section 10.3.b.11. (ADU’s)
Revise as follows:
11. (-No additional parking-) One off-street parking space is required for the ADU.

Section 10.3.R. Home Occupation
Revised as follows:
1.No more than one person, other than members of the household residing on the premises, may be engaged in such occupation in the home.

2.There must be no change in the outside residential appearance of the building. Outdoor storage is prohibited and no other visible evidence of the conduct of such home occupation is allowed. Signs are permitted in accordance with the standards of Article 13.

3.No traffic may be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

4.No equipment or process may be used in such home occupation that increases noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot or outside the dwelling unit. In the case of electrical interference, no equipment or process may be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in the line voltage off the premises.

5.Motor vehicle repair and vehicle dispatch for any business where vehicles to be dispatched congregate on site are prohibited as home occupations.

6.Day care homes are not considered a home occupation and are regulated as a principal use per Article 9.

7. Only products produced on premises may be physically sold from the premises. Internet and mail order sales are permitted.

8.The gross floor area devoted to the home occupation cannot exceed 25% of the gross floor area of the dwelling.

Section 11.1
Clarified that meeting parking standards on existing development is triggered when parking area is redeveloped, not when building is redeveloped or use changes

Section 14.10
Powers and authority of Tenn Technology Corridor Development Authority inserted

Section 15.3
Deleted proposed section and inserted revised section based on state legislation and current code

Section 16.1.F. Time Limit for City Council Action
Following time limit (from current code) inserted:
All amendments initiated by application filed with the Knoxville-Knox County Planning Commission must be finally acted upon by the City Council within 120 days following the public hearing. Failure of the City Council finally to act upon any proposal within the 120 period is in all respects equivalent to rejection thereof. This 120 day limit does not apply to the adoption of comprehensive updates or revisions to the zoning regulations.

Section 16.2.F. (Standards for approval of Special Use)
Revised to insert standards in current ordinance for review of Use on Review

Section 16.3.E. (Standards for approval of Variance)
Revised to insert standards in current ordinance for review of Variance

Section 16.4.C.2.
Review of landscape plan delegated to Planning staff

Section 16.7.E.2. (Optional Concept Plan for Planned Development)
Revised to require mailed and posted notice of Planning Commission meeting at which concept plan, if provided, is reviewed

Section 16.8.B.2
Clarified that Level 1 certificates can be issued by staff in Neighborhood Conservation districts. Also revised COA flow chart to note Level 1 certificate for NC Districts

Section 16.10.F.
Revised as follows:
F. Expiration
The temporary use permit is valid for the time period (-granted as part of the approval set-) forth for the temporary use in Article 9.4. Unless stated otherwise in Article 9.4, the validity of a temporary use permit may be extended for one (1) time period upon approval of a written request.

Section 16.12 Zoning Appeals
Section reformatted and proposed procedures made compatible with current procedures

Section 17.4.A.
Provisions for use of nonconforming lot of record clarified – similar to language in current code