§ 5.50. BP Business and Technology Park Zone.

5.50.01. General description. This zoning district is intended to provide for a wide range of land uses which are generally categorized in business, industrial and/or office classifications of use, whether in the public or private sectors. The permitted land uses are intended to include those businesses which require building spaces characterized by offices, research and development, manufacturing, and/or combinations of such uses. The permitted uses include, but are not limited to, those which reflect particular emphasis on scientific and engineering applications in product and/or process. The on-site and off-site impacts of such uses are typically similar in kind and degree to such uses located within other zoning districts which allow such uses. Potential impacts are addressed within this district through site-specific planning and design, consistent with the regulations contained herein specific to, but not limited to: area requirements, maximum lot coverage and building height limits, landscaping, utilities, signs, and off-street parking regulations.

The intended and desired effect of the site regulations is to create an attractive park-like setting for the businesses which locate within the park. The planning and design for the park is intended to accomplish an aesthetic environment which is complementary to site features and the surrounding environment. Site features and infrastructure are to be consistent with the park-like design theme.

The BP, Business and Technology Park, zoning district shall be located only within the designated TO, Technology Overlay Zone, subject to the jurisdiction and development review of the Tennessee Technology Corridor Development Authority or its successor, and the metropolitan planning commission.

5.50.02. Minimum size of zone. In order to achieve the above intent an area of sufficient size to permit a spacious design and coordinated arrangement of buildings and facilities is necessary. Therefore, no BP Business and Technology Park Zone may be created which has an area of less than five (5) acres.

5.50.03. Uses permitted. The following uses may be permitted by approval of a development plan that indicates they are within the intent of this zone as described in subsection 5.50.01, "General description," above, that they comply with the development plan standards of subsection 5.50.13, and that they will meet the performance standards of section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones." These performance standards, like all other provisions of this ordinance are continuing obligations and all uses must continue to operate in compliance with the standards. Where SIC codes are indicated after permitted uses, the businesses listed under that classification in the U.S. Department of Commerce Standard Industrial Classification Manual, 1987 Edition, shall be permitted, providing all other requirements of this ordinance are fulfilled.

All of the uses permitted under this section shall have their primary operations conducted entirely within enclosed buildings, and shall not emit any obnoxious dust or smoke, or noxious odor or fumes outside of the building housing the operation or produce any noise level occurring on the adjacent street. Operations shall cause no radiation or radioactivity at any exterior wall and no electrical radiation that affects any operation or equipment other than those of the creator of the radiation. All storage shall be confined to the interior of buildings.

A.

Professional, business, governmental and medical offices in which no activity is carried on catering to retail trade with the general public, and no stock of goods is maintained for sale to customers.

B.

Hospitals, clinics, medical and dental offices, medical and dental laboratories, and veterinary clinics.

C.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

D.

Research, development, experimental, or testing laboratories.

E.

The manufacturing, compounding, processing, packaging, treatment, or fabrication of ceramics, instruments, optical goods and pharmaceuticals.

F.

The manufacturing, compounding, assembling, or treatment of articles of merchandise from prepared materials.

G.

Manufacture of electronic components and accessories (SIC 367).

H.

Manufacture or assembly of measuring, analyzing, controlling, photographic, and optical instruments (SIC 38).

I.

Motion picture production and allied services (SIC 781).

J.

Manufacture of miscellaneous electrical parts, including automotive (SIC 369).

K.

Manufacture of motor vehicle parts and accessories including mechanical, electrical and electronic parts, components and subassemblies, such as braking systems, safety devices, pollution control mechanisms, and electronically controlled fuel systems.

L.

Manufacture of musical instruments (SIC 393).

M.

Manufacture of computer and office equipment (SIC 357).

N.

Manufacturing electrical switchgear and switchboard apparatus (SIC 3613).

O.

Manufacturing relays and industrial controls (SIC 3625).

P.

Manufacture of household audio and video equipment and audio recordings (SIC 365).

Q.

Manufacture of communications equipment (SIC 366).

R.

Other assembly or limited manufacturing uses, of a similar nature, when located and arranged according to a plan providing for aesthetic or other conditions in harmony with the neighborhood, and approved by the planning commission.

S.

Retail commercial uses may be approved as part of the overall development proposal, subject to the following conditions:

1.

Minimum parcel size for the total development plan shall be twenty (20) acres.

2.

Retail uses shall not exceed ten (10) percent of the total floor areas of the approved development plan.

3.

Only the following retail uses shall be permitted, provided that there shall be no sales, display or storage of merchandise outside of a fully enclosed building:

a.

Banks and credit unions.

b.

Barber shops and beauty salons.

c.

Book stores.

d.

Camera and photography supply stores, including film processing.

e.

Clothing stores.

f.

Drug stores.

g.

Dry cleaners.

h.

Employment services.

i.

Florists.

j.

Food stores, including convenience stores without gasoline pumps.

k.

Gift stores.

l.

Toy stores.

m.

Jewelers.

n.

Restaurants, without drive-through facilities.

o.

Sales of office supplies, office equipment, and computers.

p.

Sporting goods stores.

q.

Accessory uses customarily incidental to any of the above uses, including recreational uses associated with and maintained primarily for the uses permitted above.

4.

Retail commercial locations within the development shall be approved as part of the overall development proposal.

5.

Building permits for retail commercial development may not be issued until certificates of occupancy have been granted for non retail uses equal to ten (10) percent of the total floor area of the approved development.

T.

Demolition landfills less than one (1) acre in size subject to article 4, "Supplementary regulations," subsection 4.80.01.A, "Demolition landfills" (on site generated waste).

U.

Yard sales and rummage sales.

V.

Churches.

W.

Utility substations, easements, transportation rights-of-way, and alleys.

X.

Order processing centers for goods and services, including television home shopping networks, call centers and internet and catalog order processing centers, corporate and business offices, order fulfillment operations and related receiving, warehousing and distribution of goods for sale to customers and incidental on premises sales, subject to the following conditions:

1.

Floor areas devoted to on premises, over-the-counter sales to walk-in customers shall not exceed ten (10) percent of the total floor area of the approved development plan.

2.

On premises sales may be permitted at special events no more than five (5) times during any calendar year.

Y.

Wireless communications facilities, subject to the provisions of article 4, section 4.92.

5.50.04. Uses permitted on review.

A.

Houses may be permitted by the metropolitan planning commission as a use-on-review in accordance with the provisions of section 6.50, "Procedure for authorizing uses permitted on review," of this resolution.

B.

Child day care centers, provided they meet the requirements of section 4.91, "Requirements for child day care centers and group day care homes, when considered as uses permitted on review."

C.

Adult day care centers, provided they meet the requirements of section 4.98, "Requirements for adult day care centers, when considered as uses permitted on review."

5.50.05. Nonconforming uses (exception to section 3.60, "Nonconforming uses," of the county zoning ordinance). Nonconforming churches, houses, agricultural lots and structures existing immediately preceding a change of zoning to the BP, Business and Technology Park Zone shall be allowed to continue, expand, construct or replace structures and other improvements to the property provided that the proposed improvement complies with the requirements of the A, Agricultural Zone.

5.50.06. Area requirements. The following requirements shall apply to all parcels within a BP, Business and Technology Park Zone, and to all uses permitted in this zone:

A.

Peripheral boundary. All buildings or structures shall be set back from the peripheral boundary of a BP, Business and Technology Park Zone, not less than fifty (50) feet. Where the peripheral boundary abuts a residential zone, all buildings and structures shall be set back from that residential zoning line not less than seventy-five (75) feet.

B.

Front yard. All buildings shall set back from all street right-of-way lines not less than fifty (50) feet.

C.

Side yard. No building shall be located closer than forty (40) feet to a side yard lot line.

D.

Rear yard. No building shall be located closer than thirty (30) feet to the rear lot line.

The depth of any rear yard which abuts a residential district shall be not less than fifty (50) feet, provided, however, that no rear yard is required where the lot abuts on an existing or proposed railroad right-of-way or spur.

E.

Minimum parcel size. The minimum parcel size shall be one (1) acre and shall conform to the Tennessee Technology Corridor Design Guidelines as adopted by the Tennessee Technology Corridor Development Authority.

5.50.07. Maximum lot coverage and height of building. The maximum area of site permitted to be covered by structures shall be governed by a ground area coverage (GAC) ratio, and the height of structures shall be governed by a floor area ratio (FAR). The GAC is defined as the number of square feet of ground area covered by the building, divided by the square feet of lot area. The FAR is defined as the number of square feet of floor area in a building, divided by the square feet of lot area. The GAC and FAR for any area zoned BP, Business and Technology Zone shall be established at the time of zoning or site plan review upon a recommendation of the planning commission that takes into account the topography, size, accessibility and surroundings of the site and planning policy for the area. In no case shall the GAC exceed twenty-five (25) percent nor shall the FAR exceed thirty (30) percent.

5.50.08. Landscaping regulations. The following requirements shall apply in this zone:

A.

Required yard. Any required yard shall be landscaped with live vegetation of a nature normally found in residential areas. All yard areas required under this section and other yards and open spaces existing around buildings shall be landscaped and maintained in such a manner as to provide a park-like setting for the district.

B.

Parking areas. Parking areas shall contain five hundred (500) square feet of landscaping for every twenty thousand (20,000) square feet, or fraction thereof, of paved parking area.

Parking areas located closer than fifty (50) feet to public rights-of-way or adjacent property lines shall be screened by evergreen planting that will obtain a minimum height of five (5) feet at maturity.

For each five thousand (5,000) square feet of parking area a tree shall be provided that will obtain a minimum height of forty (40) feet at maturity.

5.50.09. Utilities. All utility transmission lines serving individual uses shall be placed underground.

5.50.10. Signs. As permitted by section 3.90, "Signs, billboards, and other advertising structures," of this resolution.

5.50.11. Off-street parking. As regulated in section 3.50, "Off-street parking requirements," except that parking shall not be permitted in the required front yard, or the required side yards.

5.50.12. Application procedures for business and technology park developments. Within the BP, Business and Technology Park Zone, no building or structure shall be erected or altered until and unless there shall have been filed with and approved by the planning commission a written application for approval of a plan for the contemplated development within said zone. The application shall be accompanied with the following information:

A.

A description of all operations proposed in sufficient detail to show that the proposed uses are within the intent of the BP, Business and Technology Park Zone, as described in subsection 5.50.01, "General description," and to indicate the effects of those operations in production of excessive auto and traffic congestion or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire or safety hazards, or other factors detrimental to the health, safety, and welfare of the area. See section 1, "Performance standards for commercial and industrial uses," in section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones."

B.

A development plan indicating the following: location of present and proposed buildings, loading docks, driveways, parking lots, other accessory uses, existing wooded areas, proposed landscaping, and trash disposal areas.

C.

Preliminary architectural plans for the proposed building or buildings.

D.

An estimate of the maximum number of employees contemplated for the proposed development and the number of employees per shift.

E.

A storm drainage plan which includes accurate existing and proposed water courses; the system of open channels, pipes, culverts, drains, inlets, catch basins, and similar facilities designed to handle storm water in times of rainstorms, the calculations used in the design of such systems and the easements required in the construction and maintenance of the drainage system and meeting all requirements of section 6.11, "Grading permit."

F.

Other engineering and architectural plans for the handling of any problems of the type outlined in subsection 5.50.12.A above, including a designation of sewers to be used and necessary plans for controlling smoke or other nuisances.

G.

Any other information the planning commission may need to adequately consider the effect that the proposed uses may have upon their environment and on the cost of providing public services to the area. All sewage disposal systems and land requirements for such systems must be approved before a building permit is issued.

5.50.13. The metropolitan planning commission may approve an overall development plan for a business park comprising an area of twenty (20) acres or more subject to administrative review and approval of plans for development of individual sites or parcels within the park by the MPC staff.

A.

In lieu of site specific plans as referenced in subsections 5.50.12.B and 5.50.12.C, the overall development plan shall provide design standards for landscaping and architectural features in sufficient detail to allow the planning commission to determine that the development would comply with the intent of the BP Business and Technology Park Zone.

B.

In administratively reviewing plans for specific sites, the staff shall approve any site plan that complies with the above-referenced design standards, the overall development plan approved by the planning commission, and the requirements of the county zoning and subdivision regulations. MPC staff decisions may be appealed to the planning commission. Anyone aggrieved by a decision of the planning commission may appeal such decision to the board of zoning appeals, pursuant to article 6, "Administration, enforcement and interpretation," section 6.60, "Board of zoning appeals," of these regulations.

5.50.14. The metropolitan planning commission shall approve, approve with conditions, or deny the development plan based on the following standards:

A.

Roads, driveways, parking lots and curb cuts are designed so as to promote safe and efficient movement of vehicular traffic.

B.

The development will comply with all applicable requirements of section 1, "Performance standards for commercial and industrial uses," in section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones."

C.

The development will comply with all dimensional and area requirements and requirements for landscaping, parking, signs and utilities contained in this section.

5.50.15. Application for review and approval of WCF shall be subject to the provisions of article 4, section 4.92.

(Ord. No. O-96-1-102, § 1, 1-26-96; Ord. No. O-96-3-101, § 1, 4-22-96; Ord. No. O-97-8-104, § 1, 9-22-97; Ord. No. O-98-3-102, § 1(Exh. A), 4-27-98; Ord. No. O-98-12-101, § 1(Exh. A), 1-25-99; Ord. No. O-00-8-101, § 1(Exh. A), 9-25-00; Ord. No. O-01-2-103, § 1(Exh. A), 3-26-01; Ord. No. O-04-1-102, § 1(Exh. A), 2-23-04; Ord. No. O-05-3-101, § 1(Exh. A), 4-25-05; Ord. No. O-06-7-101, § 1(Exh. A), 8-28-06; Ord. No. O-11-4-101, § 1(Exh. A), 5-23-11; Ord. No. O-11-7-103, § 1(Exh. A), 8-22-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-13-8-103, § 1(Exh. A), 9-23-13; Ord. No. O-17-10-101, § 1(Exh. A), 11-20-17 )