§ 4.104. Standards for the use on review approval of rural retreats.
Rural retreats, as defined in Article 2: Definitions are allowed to be considered as a use on review in the A (Agricultural), RP (Rural Preservation), RA (Low Density Residential), RB (General Residential), E (Estates), T (Transition) and PR (Planned Residential) zoning districts. Rural retreats are subject to the requirements of subsections 4.10.14 through 4.10.19, "Development Standards for Uses Permitted on Review", and 6.50, "Procedures for Authorizing Uses Permitted on Review".
This section shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this article be construed as limiting or affecting in any way or controlling farming or the agricultural uses of land as defined by state law.
Rural retreats are subject to the following standards and requirements:
4.104.01. Minimum required information. A use on review application, or a building permit application for an approved use on review, for a rural retreat in the A, RP, RA, RB, E, T or PR zoning districts shall include complete description of all activities proposed to occur on the subject property and a scaled site plan. At a minimum, the following items must be addressed on the submitted materials at the time of application:
A.
The description of proposed activities shall include the following:
1.
The number of employees;
2.
The hours of operation;
3.
Provision of overnight accommodations, duration, etc.;
4.
Provision of restroom facilities;
5.
Proposed lighting;
6.
Sound amplification to be used;
7.
Temporary structures, including tents, to be used in association with planned events;
8.
Security to be provided (alarm, fence, cameras, lighting, personnel);
9.
Location of trash receptacles and method of trash removal;
10.
Traffic management and parking plans;
11.
The expected number of events per year;
12.
The expected number of attendees per event;
13.
Other documentation as deemed necessary by MPC staff.
4.104.02 Development requirements and restrictions (must be addressed in plans and submitted materials).
A.
Road access. The site shall have direct access to an arterial or collector street, as classified by the Major Road Plan for Knoxville & Knox County, Tennessee. Access drives to local streets or private easements will not be permitted. Exceptions to this requirement may be considered by MPC, if a traffic analysis is provided with the use on review application. This traffic analysis must be reviewed and approved by MPC and Knox County Engineering staff. Any recommendations for road improvements must be incorporated into the overall development plan.
B.
Minimum parcel size. The minimum area of the subject parcel should be ten (10) acres.
C.
The maximum floor area for all permanent structures associated with the Rural Retreat shall be no more than ten percent (10%) of the total lot area.
D.
All buildings, parking, loading, campsites, recreation areas and other indoor or outdoor use areas shall be setback a minimum of two hundred (200) feet from property lines and three hundred (300) feet from existing residential dwellings on adjacent parcels, and shall be buffered as deemed appropriate by MPC. With a written agreement from the adjacent parcel owner(s) affected, MPC may consider reduction of these setbacks as part of the plan review process.
E.
Rural retreats are subject to the parking requirements for "Theaters, Auditoriums and places of assembly without fixed seats", contained in article 3, subsection 3.50.10 of the Knox County Zoning Ordinance. All required parking areas must be provided on an all-weather driving surface. Gravel and other types of driving surfaces may be permitted on a case-by-case basis per request, but must be reviewed and approved by MPC and Knox County Engineering staff.
F.
Recreational uses incidental and subordinate to the primary Rural Retreat use are permitted and may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, ziplines, corn mazes, picnic areas, golf courses and related facilities, athletic fields, children's play equipment, and passive recreational facilities. Campfires or bonfires may also be permitted, subject to compliance with Knox County open burn regulations, as well as the establishment of a designated area of the site for this use. All recreational uses are subject to the setback requirements of section E above. The use of the recreational facilities is limited to event guests and property owners/guests.
G.
Signage must comply with article 3, section 3.90 of this ordinance.
H.
Overnight accommodations, if approved as part of the development plan, shall be accessory to the primary use of the property as a retreat and shall not be open to the general public as a stand-alone use. The maximum length of stay for any guest(s) shall be seven (7) consecutive days per singular event.
I.
Noise generated by the use, as measured at any property line, shall not exceed forty (40) decibels (dB) between the hours of 9:00 p.m. and 9:00 a.m., and shall not exceed fifty (50) decibels (dB) at any other time.
J.
Proof of the availability of potable water and proper treatment and disposal of wastewater shall be provided, based on the occupancy of the buildings(s), subject to approval by the Knox County Health Department.
K.
Restroom facilities shall be required commensurate with the capacity of the building(s), subject to approval by the Knox County Health Department.
L.
All outdoor lighting shall adhere to the requirements of article 4, subsection 4.10.10. All exterior lighting shall be full cut-off and light levels at the property line shall not exceed 0.05 footcandles.
M.
Any building(s) in which events are held shall meet applicable building and fire code requirements for assembly uses.
N.
MPC shall have the authority to limit hours of operation, number of events, expected attendees, etc. on a case-by-case basis. Other conditions of approval may be recommended by staff, if deemed necessary. MPC may limit the scope of proposed operations so as to prevent adverse impacts on adjoining parcels. A proposed rural retreat shall be of a scale and intensity so that the use is compatible with existing or proposed uses on adjacent parcels or in the immediate vicinity. Adequate setbacks and buffers must be provided so as to prevent adverse impacts on adjoining parcels.
4.104.03. Criteria for larger scale retreats.
A.
If the rural retreat includes overnight camping/lodging accommodations, the following criteria shall apply:
1.
The minimum parcel size shall be twenty (20) acres.
2.
A maximum of ten (10) guest accommodations shall be permitted for the first twenty (20) acres of site area, and additional guest accommodations shall be permitted at a ratio of one (1) for every five (5) acres of site area, up to a maximum of fifty (50) guest accommodations. Only event guests are permitted to stay overnight at the facility.
B.
If the rural retreat includes one or more of the following: a facility for conferences/banquets, a restaurant, or a day spa, the following criteria shall apply:
1.
The minimum parcel size shall be fifty (50) acres.
2.
A Traffic Impact Study (TIS) will be required to be submitted along with the use on review application and site plans. The TIS shall be reviewed by Knox County Engineering and MPC staff and any recommendations regarding ingress/egress or road improvements deemed necessary shall be incorporated into the stipulations of the approved development plan.
3.
The total maximum floor area utilized for conference, restaurant, spa, event and/or banquet facilities shall not exceed 1,000 square feet for every five (5) acres of site area, up to a maximum of 20,000 square feet.
4.
All events that include sound amplification of any kind or that include 50 or more attendees between the hours of 9:00 p.m. and 9:00 a.m. must take place entirely within a fully enclosed building(s).
5.
A minimum of thirty (30) guest rooms must be provided on the property.
6.
Any restaurant must be located within a facility that also contains at least fifteen (15) guest rooms.
7.
Any day spa facility shall not exceed 2,000 square feet of gross floor area.
Note: Certain agricultural uses are permissible by Tennessee state law under the Right to Farm Act and other regulations. These uses, if permissible and deemed in compliance with state regulations, are exempt from MPC review.
( Ord. No. O-17-8-101, § 1(Exh. A), 9-25-17 ; Ord. No. O-18-1-101, § 1(Exh. A), 2-26-18 )