§ 5.90. TO Technology Overlay Zone.

5.90.01. General description. The TO, Technology Overlay Zone, is established to provide for physical development review in the Tennessee Technology Corridor area of the county by the Tennessee Technology Corridor Development Authority (TTCDA). Within the TO, Technology Overlay Zone, no base zoning may be changed, no variance from the provision of the zoning ordinance may be granted and no building or grading permit may be issued prior to the issuance of a certificate of appropriateness by the TTCDA except for a residential or agricultural use or any use within the Town of Farragut or City of Knoxville defined by the jurisdictional boundaries at the time of enactment of Private Chapter No. 148, Senate Bill No. 1230 of the Private Acts of 1983, hereafter referred to as the Act unless otherwise set forth below.

5.90.02. Permitted uses. Property and buildings in the TO, Technology Overlay Zone, shall be used for purposes permitted by the base zoning in effect at the time of TO, Technology Overlay zoning, or as permitted by subsequent base zones approved by the county commission.

5.90.03. Area regulations, height regulations, signs, landscaping, parking and other requirements. Unless set forth below, requirements for yards, set backs, lot area, maximum lot coverage, height of structures, signs, landscaping, parking, exterior lighting, utilities, loading, storage and all other requirements are to be in accordance with any recommendation of the TTCDA pursuant to its adopted design guidelines and with base zoning district requirements in effect at the time of TO, Technology Overlay zoning or as subsequently amended.

5.90.04. Prohibited uses and structures. Junk yards, billboards and movable or portable advertising or business signs including signs mounted upon trailers, not securely affixed to the ground or to any building are prohibited in the TO, Technology Overlay Zone.

5.90.05. Pellissippi Parkway access. Access to properties fronting on Pellissippi Parkway shall be from an existing roadway or from a new public road constructed according to the officially adopted Tennessee Technology Corridor Comprehensive Development Plan, or from a private road constructed according to that plan or a development plan approved by the TTCDA according to this ordinance. No new median cuts shall be provided.

5.90.06. Minimum parcel size.

A.

Minimum parcel size for areas within nonresidential zones shall be one (1) acre, except as permitted by an approved development plan. Floor area ratios (FAR) shall not exceed thirty (30) percent and ground area coverage (GAC) shall not exceed twenty-five (25) percent. Parcels zoned BP, Business and Technology Park that are smaller than five (5) acres shall be treated as substandard parcels by the Tennessee Technology Corridor Design Guidelines Technology Corridor Design Guidelines.

B.

Minimum parcel size for residential zones shall be regulated by the regulations of each base zone.

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

5.90.08. Certificate of appropriateness.

A.

Certificate required. No rezoning or variance to zoning provisions shall be granted, nor shall construction, alteration, repair, rehabilitation or relocation of any building, structure or other improvement to real property situated within the TO, Technology Overlay Zone, be performed without the issuance of a certificate of appropriateness by the TTCDA. No building permit issuing authority in the county shall issue any such permit for a new structure or improvements within the TO, Technology Overlay Zone, without issuance of a certificate of appropriateness by the TTCDA or by the county commission on appeal.

B.

Excluded areas. The structures, facilities and land uses identified herein shall not be required to apply for a certificate of appropriateness from the TTCDA.

1.

Agricultural uses and structures or appurtenances located in an A, Agricultural Zone, and used solely for the production of products for sale to wholesale or retail markets and not part of or functionally related to manufacturing, commercial, or industrial enterprises within the TO, Technology Overlay Zone.

2.

Residential structures when such structures are located within subdivisions approved by local planning commissions or otherwise permitted by the general law. Medium and high density residential developments, as defined by the Knoxville-Knox County General Plan, or its successors, shall not be exempt.

3.

All uses within incorporated areas of Farragut and Knoxville defined by the jurisdictional boundaries at the time of enactment of the Act. Areas annexed by any municipality subsequent to enactment of the Act shall not be exempt.

5.90.09. Application procedures. All applications for rezoning, variance, and building or grading permit shall be reviewed by the TTCDA or TTCDA staff for compliance with the adopted Tennessee Technology Corridor Comprehensive Development Plan and Tennessee Technology Corridor Design Guidelines. The TTCDA shall within a reasonable time period, but in no case more than sixty (60) days following initial consideration of an application by the authority meeting in regular session, grant a certificate of appropriateness with or without attached conditions, or deny the certificate, and shall state in writing its reason for approval or denial. Failure by the TTCDA to act upon an application within the required time period shall constitute approval of the certificate, unless an extension is granted by request of the applicant. Approval of a certificate of appropriateness for rezoning does not constitute an amendment of the zoning. Approval of a certificate of appropriateness for a variance does not constitute approval of the variance. Approval of a certificate of appropriateness for a building permit does not constitute issuance of a building permit.

A.

Minimum data requirements.

1.

Rezoning. The minimum submission for a certificate of appropriateness for zoning shall be a copy of the application for rezoning submitted to MPC.

2.

Variance. The minimum submission for a certificate of appropriateness for a variance is all information needed to show that the variance is necessary, due to unique circumstances not created by the applicant, to relieve the applicant of undue hardship created by the requirements of the TO, Technology Overlay Zone or the base zoning district; that the variance is the minimum necessary to allow the use of the land in the same way as other land in the same zone; and that the relief sought may be granted without substantially impairing the intent of the TO, Technology Overlay Zone, the base zone or the Tennessee Technology Corridor Comprehensive Development Plan.

3.

Building permit or grading permit. A development plan for an entire parcel, even when development phasing is being considered, must be submitted to the TTCDA for approval prior to the TTCDA issuance of a certificate of appropriateness for a building or grading permit. The development plan shall meet all the requirements of the minimum regulations for the subdivision of land in the county and shall be accompanied with information required by the adopted procedures of TTCDA.

B.

Supplemental data. Dependent upon the nature of the development proposal, supplemental data, as described below, may be required by the TTCDA. For all planned zones, including PR, Planned Residential, PC, Planned Commercial, BP, Business and Technology Park, SC, Shopping Center, T, Transition, and OS, Open Space, the same data and the same guidelines used by the TTCDA will be applied by MPC in addition to MPC's data and guidelines, which shall also be applied. All plans must be prepared by a registered engineer or architect.

1.

A description of all operations proposed in sufficient detail to indicate the effects of those operations in production of excessive auto and traffic congestion or problems of noise, glare, odor, sewerage, smoke, air pollution, water pollution, fire or safety hazards, or other factors detrimental to the health, safety, and welfare of the area. See section 4.10, "Supplementary regulations applying to a specific, to several, or to all zones," section 1, "Performance standards for commercial and industrial uses."

2.

A plot plan indicating the location of present and proposed buildings, driveways, parking lots, landscaping and signs, other necessary uses, and any development phasing.

3.

Preliminary architectural plans showing elevations, areas, height, materials and other information necessary to evaluate proposed building(s).

4.

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

5.

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. Erosion and sediment control measures suggested in the Knox County Erosion and Sediment Control Handbook, 1981, or subsequent editions, shall be utilized.

6.

Other engineering and architectural plans including a designation of sewers to be used and plans for abating any effects described in subsection 1., above, or any other nuisances. All sewage disposal systems and land requirements for such systems must be approved by the county health department before a certificate of appropriateness can be issued.

7.

Any other information the TTCDA 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.

5.90.10. Stop order. A stop order will be issued if construction of any part, or phase, of the development is not in compliance with the approved plans.

5.90.11. Revisions of development plans. A revised development plan shall be submitted to the TTCDA for approval of any changes, or extensions to the development plan. This shall include previously approved certificates of appropriateness for building, grading or sign permits. TTCDA may approve revised development plans which are consistent with this resolution and with Tennessee Technology Corridor Design Guidelines. Minor revisions to development plans may be approved by the TTCDA executive director, or designee, provided such changes:

A.

Do not alter the basic relationship of the proposed development to adjacent property or streets and roads.

B.

Do not alter the uses permitted.

C.

Do not increase the area of development by more than five (5) percent of the previously approved square footage.

D.

Do not require the approval of a waiver to the Tennessee Technology Corridor Design Guidelines, or a variance to the zoning ordinance for the county.

5.90.12. Appeal of authority actions. Any interested party who is aggrieved by any action of the TTCDA including the approval or denial of a certificate of appropriateness may appeal its decision to the county board of commission by filing an appeal on the designated form and paying such filing fees as may be required within thirty (30) days of the action of the TTCDA. The action that is appealed may be overruled by an affirmative majority vote of the county board of commission. All appeals shall be heard within sixty (60) days of filing of application for appeal. Appeal from the action of the county board of commission shall be by writ of certiorari as provided in the general law and shall be filed within thirty (30) days of such action.

(Ord. No. O-06-1-101, § 1(Exh. A), 2-27-06; Ord. No. O-11-7-104, § 1(Exh. A), 8-22-11; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12)