ARTICLE 4
SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS
SECTION
4.200
Fireworks Distribution, Storage and Manufacture
4.210
Sexually Oriented Adult Businesses
4.220
Development Standards for Quarrying, Gravel Processing, Mining and
Mineral Extraction
4.230
Development Standards for Permitting Telecommunications Towers
and Antennas
Section 4.200 Fireworks Distribution, Storage and Manufacture.
A. Purpose:
The following standards are intended to provide specific and non arbitrary standards for the distribution, storage and manufacture of fireworks devices.
For the purpose of this section the definition of fireworks shall be governed by the State of Tennessee Department of Commerce and Insurance, Division of
Fire Prevention.
B. Distribution:
Retail sales of fireworks devices shall be restricted to the C-2 General Commercial District. Fireworks sales shall be restricted to a permanent structure located on the property where a permit is requested. Non permanent structures (tents) located on the property may be used during seasonal sales and shall be subordinate to the principal
structure. Seasonal sales of fireworks in temporary structures shall be permitted for a period not to exceed four
(4) weeks during the calendar year.
C. Licenses: An annual fireworks sales application and license shall be required for each calendar year. Applications
shall be submitted prior to January 1 preceding the year a permit is requested. Licenses requested for the 1998
calendar year requires the submittal of an application within ninety (90) days from the date of adoption of this Resolution.
For subsequent years, retail sales of fireworks for the calendar year is prohibited if the applicant fails to secure a permit prior to January 1.
All applications for a retail sales fireworks permit shall be accompanied by the following:
·
Submittal of proof of a minimum of $1,000,000 in liability insurance for the year the
permit is requested (original document for photocopying)
·
Submittal of evidence of local sales tax license. The
sales tax license shall be the same as the permanent business located on the property in question.
·
Submittal of evidence of an Annual Retailers License from the State of Tennessee Department
of Commerce and Insurance Division of Fire Prevention (original document for photocopying).
·
Submittal of dates any temporary structure will be used in conjunction with the business.
D. Distribution
storage and manufacture of class C fireworks
No person, firm, organization or entity shall be permitted to distribute, store or
manufacture any fireworks device(s) which exceeds a class C as defined by the Tennessee Department of Commerce and Insurance.
4.210. Sexually Oriented Adult Businesses
A. Purpose: It
is the purpose of these provisions to regulate Sexually Oriented Adult Businesses in order to promote the public health, safety, and welfare of the citizens of
Loudon County, Tennessee, and to establish reasonable and uniform regulations to prevent the negative secondary effects caused by the location and concentration
of Sexually Oriented Adult Businesses within the County. These provisions are intended to have neither the purpose
nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
Similarly, it is not the intended purpose of these provisions to restrict or deny access by adults to sexually oriented materials protected by the First
Amendment, nor is it the intended purpose or effect of these provisions to condone or legitimize the distribution of obscene material.
1. Sexually Oriented Adult Businesses shall not be located within 1,000 feet of a residential district, school, daycare facility,
place of worship, recreational facility, community facility, library, nursing home, assisted living facility, hospital, or other sexually oriented adult
business. (By resolution 08/05/02)
2. Sexually Oriented Adult Businesses shall not be located within 1,000 feet of any business selling alcoholic
beverages, at the time of approval of the adult business.
3. No structure or parcel of property containing a sexually oriented adult business shall contain any other
sexually oriented adult business.
4. Sexually Oriented Adult Businesses shall be located on arterial or collector roads.
5. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening
structures or objects, from the nearest property line of the lot used for a sexually oriented business, to the nearest property line or zoning district boundary
of a use listed in this Section.
6. A survey, stamped by a registered surveyor in the State of Tennessee, shall be submitted to the Loudon County
Building Commissioner showing the proposed location of the sexually oriented business and existing land uses within 1,000 feet of the proposed location.
In the event any provision of this regulation shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof or such otherwise invalid provision under circumstances other
than those under which it was determined to be invalid, except to the extent that such provision is wholly dependent for its operation upon the part declared to
be invalid, and to the extent the provisions hereof are agreed and declared to be severable.
(This section amended by the Loudon County Regional Planning Commission 4/16/02, approved by Loudon County
Commission 5/9/02 with revisions.)
A.
CONDITIONS
Prior to the approval by the Board of Zoning Appeals (BZA) of a special exception use for quarrying, gravel
processing, mining and related mineral extraction businesses in any area of the County, the Board shall be satisfied the following conditions and limitations
are, or shall be, strictly complied with, in addition to any other requirements contained in the Zoning Resolution or in any other resolution controlling such
operations. The following requirements also apply to expanded or new areas of quarrying, gravel processing, mining
and mineral extraction businesses actively in existence within the County at the time of adoption of the Resolution.
B.
LOCATION
1. All such operations shall be located on a primary road, as
defined by the county, for ingress and egress thereto, or on a road which does not create traffic through an area developed primarily for residential purposes.
Where necessary, the BZA may require the applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations as a
condition to such operations, and for the purpose of routing traffic around residential areas.
2. Sufficient setbacks shall be provided from all property lines
and public highways to assure adequate buffering from adjacent public and private property. No such excavation
operation shall be permitted closer than 150 feet to interior boundary lines of the property; larger setbacks may be required by the BZA in order to adequately
protect adjoining properties. However, if the adjoining property is also used for such mining and excavation
operation, then the BZA may reduce or eliminate the required setback from that interior boundary line. In addition,
such setback may be temporarily reduced to 50 feet if reclamation of the land is promptly effected (within 48 hours after mining or excavation is terminated
with the required setback) to increase the setback to at least 150 feet in accordance with the reclamation plan approved by the BZA and adequate buffering is at
all times maintained.
7. No such excavation operation shall be permitted within 50 feet of adjoining public
rights-of-way except for the lowering of land adjoining said rights-of-way to the grade level of said rights-of-way. Such
excavation operations shall at no time be permitted where adequate buffering for the maintenance of adjoining lands is not maintained.
8. The permanent processing plant and its accessory structures shall not be located closer
than 250 feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding
terrain to lessen visual and noise impact. In addition, the foregoing shall apply to the storage of digging,
excavating, and transporting equipment, and to the stockpiling or loading of materials.
9. No such excavation operation shall be located within 100 feet of the banks of any stream or
waterway unless previously approved, in writing, by the State of Tennessee. No such mining operations shall be
conducted to the detriment or damage of adjoining public or private properties.
C.
SIGHT BARRIERS
10.
Sight barriers shall be provided along all boundaries of the site which lack natural screening conditions
through existing contours or evergreen growth. Such barriers shall consist of one or more of the following:
a. Earth berms constructed to a height of six feet above the mean elevation of the centerline
of the adjacent public roadway or six feet above the general level of terrain along interior property lines, as the case may be. Such berms shall have slopes that are not in excess of one foot vertical to three feet horizontal and shall be planted with grass, trees or
shrubs.
b. Plantings of evergreen trees or shrubbery in rows parallel to the boundaries of the
property, not less than four feet in height at the time of planting and which grow to not less than six feet in height at maturity and sufficiently spaced to
provide effective sight barriers when six feet in height.
c. Masonry walls or attractive solid fences made of uniform new materials, constructed to a
height of not less than six feet and maintained in good repair.
D. NUISANCE
ABATEMENT
1. Noise and vibration shall be minimized in their effect upon adjacent properties by the utilization of modern
equipment designed to accomplish such minimization and by the proper use of berms, walls, and natural planting screens. All
equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in
the operation of such equipment. Noise levels shall not exceed 70 dba at the property line.
2. Air pollution in the form of dust and dirt shall also be kept to a minimum by the use of modern equipment and
methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners.
Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.
3. Hours. The operation shall be restricted to the hours of seven
o’clock a.m. until eight o’clock p.m. or sunset, whichever is earlier. No operations shall be permitted on
Sunday.
4. Fencing. All dangerous excavations, pits and pond areas, banks or slopes shall be fenced and posted with signs around the perimeter thereof and
maintained to prevent injury to children or others, and shall be eliminated as expeditiously as possible.
E. RECLAMATION OF MINED AREAS
1. Reclamation and rehabilitation of mined areas shall be accomplished as soon as practicable following the
mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination
of the mining or excavation operations in any area consisting of one acre or more. Substantial completion of
reclamation and rehabilitation shall be effected within one year after termination of mining or excavation activity. Inactivity
for a 12-month consecutive period shall constitute, for this purpose, termination of mining activity.
2. The following standards shall control reclamation and rehabilitation:
a. All excavation shall be either to a water producing depth of not less than five feet below
the average summer level of water in the excavation, or shall be graded or backfilled with non-noxious, nonflammable, nonpolluting and noncombustible solids to
ensure:
·
That the excavated area shall not collect stagnant water and permit the same to remain
therein; or
·
That the surface of such area which is not permanently submerged is graded or backfilled as
necessary to produce a gently rolling surface that will minimize wind and water erosion, and which will be generally compatible with the adjoining land area.
·
The banks of all excavations shall be sloped to the waterline in a water-producing
excavation, and to the pit floor in a dry operation at a slope which shall not be steeper than one foot vertical to three feet horizontal.
·
Top soil of a quality equal to that occurring naturally in the area shall be replaced on
excavated areas not covered by water, except where street, beaches, or other planned improvements are to be completed within a one-year period.
Where used, top soil shall be applied to a minimum depth of four inches sufficient to support vegetation.
·
Vegetation shall be restored by the appropriate seeding of grasses or the planting of trees
and shrubs to establish a permanent vegetative cover on the land surface and to minimize erosion.
·
Upon cessation of mining operations by abandonment or otherwise, the operating company,
within a reasonable period of time not to exceed 12 months thereafter, shall remove all plant structures, foundations, buildings, stockpiles and equipment,
provided that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning
district in which they will be located under such plan may be retained.
3. Performance Bond
b.
A performance bond or cash shall be furnished the County ensuring the proper rehabilitation and reclamation of
the mined and excavated areas prior to the commencement of any such mining or excavating operations. The amount of
guarantee shall not be less than $10,000 per acre proposed to be mined or excavated in the following 12-month period and which has previously been mined or
excavated during any preceding period and not reclaimed and rehabilitated in accordance with this Resolution and the applicant’s filed plan.
Mined areas resulting in a water depth of five feet or more shall be deemed to be reclaimed areas to within 15 feet of any vertical shoreline thereof and
to the extent of the shoreline where the same has been sloped to a grade of not more than one foot vertical to three feet horizontal, for the purpose of this
financial guarantee. Such financial guarantee shall be reviewed annually on or about the anniversary date of the
excavation permit for adjustment and compliance with the foregoing requirements by the Building Commissioner and the BZA.
F. SUBMISSION
OF OPERATIONAL AND RECLAMATION PLANS
1. No quarrying, gravel processing, mining and related mineral extraction businesses shall be
allowed or commenced until a plan has been submitted to the BZA disclosing compliance with all of the provisions of this Resolution or the manner in which
compliance will be secured by the applicant. Such plans shall include, among other things, the following:
a. A contour map of the tract of land involved in the operations, including dimensions of the
same, access to abutting public streets, additional roads, if any, to be constructed, and the location and nature of abutting improvements on adjoining
property.
b. The number of acres and the location of the same proposed to be operated upon within the
following 12-month period after commencement of operations.
c. The type of mining or processing proposed to be conducted and the nature of the equipment
to be used.
d. The location of the principal processing plant and the distance of any proposed excavation,
mining, stock piling, and equipment storage from the boundaries of the site.
e. Soil boring tests shall be made around the perimeter of the excavation site in the event
excavation or activities are to be conducted closer than 150 feet from the boundaries of the site, said soil boring tests shall disclose conditions satisfactory
for lateral support of adjacent premises as determined by a licensed civil engineer. The written consent of the BZA
shall be required if mining operations shall be closer than specified in this Resolution to the boundaries of the site.
f. A map or plan disclosing the final grades and elevations to be established following the
completion of the mining operations, including the proposed uses then contemplated for the land, future lakes and roads and such other matters as may evidence
the bona fide nature of the reclamation and rehabilitation plans and the fact that the land will not be devastated and rendered unusable by the proposed mining
activities.
G. HEARING
1.
After receiving an application for a special exception permit for a quarrying, gravel processing, mining, and
related mineral extraction business accompanied by the required plans and specifications and permit fees, the BZA shall hold a public hearing upon such
application.
2.
Opportunity shall be given to all present to be heard at such hearing.
a.
Following such hearing, said BZA shall grant or deny application and set forth its reasons for its decision.
Such decision shall be based upon the criteria set forth in this Resolution and shall be based, in addition, on a consideration of the following:
·
The protection and preservation of the general health, safety and welfare of the County.
·
The scarcity of value of the minerals sought to be mined as compared with the effect upon
the adjacent community of the proposed operations.
·
Whether or not the operations were in existence prior to the adoption of the text provision
concerning the same and the extent and character of such previous operations.
In making any decision, the BZA shall have the right and
authority to impose such additional conditions and safeguards as it deems necessary for the protection of the health, safety and general welfare of the
neighborhood and of the adjoining residents and property owners. It may also limit the length of time its special
exception permit is to be effective and may provide for a periodic review of the proposed operations to ascertain compliance with the conditions and limitations
imposed upon such operations. It shall be empowered to renew or extend a special exception permit where all
standards and conditions are complied with and may revoke or refuse to renew the same where non-compliance exists. No
revocation or failure to renew or extend a permit shall release the applicant from the duty of rehabilitation and reclamation of said mined or disturbed area.
No permit shall be revoked or not renewed until the operator has been given written notice of any violation forming the basis of such revocation or
denial or renewal and not less than 30 days have elapsed to correct the said violation. All permits shall be
reviewed by the BZA annually.
The operator shall be required to pay an annual fee to cover the
cost of inspections and additional meetings of the BZA as may be established by the County.
H. INSPECTIONS
AND CONFORMANCE
1. Inspections shall be made of the mining site no less often than twice in each calendar year by the Building
Commissioner in order to ensure conformance with the requirements of the approved special use permits. An aerial
photo or a video tape in VCR format showing the entire property and/or operations thereon shall be taken prior to the start of operations and annually
thereafter and presented to the Building Commissioner for administrative and enforcement purposes.
2. Any violations shall be reported in writing to the BZA. The
report shall be forwarded with a request for compliance, to the operating company by the Building Commissioner.
3. Failure on the part of the operating company to correct a reported violation within thirty days after such
request is made by the Building Commissioner shall be reason for revocation of the permit. Additional time for
correction of the cited violation may be allowed upon submission to the Building Commissioner of proof of good and sufficient cause by the operating company,
otherwise the operating company shall be declared to be in violation of this Resolution and subject to the penalties of both the Resolution and the Special Use
Permit approved for natural resource extraction operation.
I. LIABILITY
INSURANCE
All operators shall be required to carry personal injury and
property damage insurance while any unreclaimed or unrehabilitated area exists, in amount to be established by the BZA. Such
insurance shall cover injury or damage occurring upon the site of the operations as well as upon properties adjoining thereto, as a result of conditions or
activities existing upon the site. A copy of the policy shall be filed with the Building Commissioner.
(The addition of Section 4.220 was recommended by Loudon County
Regional Planning Commission 6/15/99; approved by Loudon County Commission 7/6/99.)
Section 4.230 Development Standards for Permitting Telecommunications Towers and Antennas
A. PURPOSE
The purpose of this resolution is to establish general guidelines for the siting of wireless communication towers and
antennas. The resolution is hereby intended to: (1) protect
residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3)
minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather
than construction of additional towers; (5) encourage users of towers and antennas to locate in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently; (8) consider the public health and safety; and (9) avoid potential damage to adjacent
properties from tower failure through engineering and careful siting of tower structures.
B. DEFINITIONS
1.
Alternative Tower Structure. Man-made trees, clock towers, bell
steeples, light poles, power poles or structures and similar alternative-design mounting structures that camouflage or conceal the presence of towers or
antennas.
2. Antenna. Any exterior or interior transmitting or receiving device mounted on a tower, building or structure and used
in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
3. FAA.
Federal Aviation Administration.
4. FCC.
Federal Communications Commission.
5.
Height. When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
6. Tower. Any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas for wireless telephone, radio and similar wireless communication purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and other similar structures.
This term includes the structure and any support structures.
New Towers and Antennas. All new towers or antennas in Loudon County
shall be subject to these development standards, except as provided below.
1. Amateur Radio Station Operator/Receive Only Antennas. These standards shall not govern any tower,
or the installation of any antenna, that is under forty feet (40’) in height and is owned and operated by a noncommercial radio station operator or is used
exclusively for receive only antennas.
2.
Pre-existing Towers or Antennas. Pre-existing towers and pre-existing
antennas shall not be required to meet the standards of this Resolution.
3.
Telecommunications Equipment Co-locating on Existing Towers or Other Structures. These standards shall not apply to additional equipment of
telecommunications companies co-locating on existing communication towers, electrical transmission structures, or other existing structures capable of
accommodating an antenna and the support equipment. A permit is required from the Loudon County Building
Commissioner. If requesting a permit to co-locate on an existing electrical transmission structure or other
existing structure, evidence of the structural integrity of the structure to support the antenna and related equipment along with evidence demonstrating the
compatibility of the antenna and related equipment with the existing structure should be provided.
4. Communications Towers
and Antennas Owned or Operated Exclusively by Governmental Organizations for Emergency Services.
1. Principal or Accessory Uses. Towers and antennas may be considered either principal or
accessory uses. A different existing use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
2. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including but not
limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. There are no minimum lot area
requirements for locating towers or antennas.
3. Setbacks.
a.
All towers and antenna shall be setback a minimum of fifty (50’) from each property line, except in an R-1
(Suburban Residential District) where towers must be setback from any residential structure a distance equal to the height of the tower or in the event that the
adjacent parcel is located in an R-1 Zone and no structure has been erected on such parcel the tower shall be set back from the closest location on such parcel
that a residence could be erected taking into consideration the setback requirements (or any restrictive covenants or other conditions) which may apply.
b.
Towers and antenna exceeding fifty (50’) feet in height shall be setback a minimum of one foot for each
additional one foot in height of the tower and antenna, unless the tower is certified by a registered engineer as collapsible within the 50’ minimum setback.
Setbacks shall be measured from the farthest most protrusion of the tower to the nearest point of any property line.
A certified survey shall be submitted which shall verify tower and antenna heights and setbacks for the tower, antenna, and all accessory structures.
1. Lighting. Towers shall not be artificially lit, unless required by the
FAA or other applicable authority. If lighting is required, such lighting shall be oriented inward so as not to
project onto surrounding residential property.
2. Height. The maximum height of a tower and antenna shall not exceed three hundred (300’) feet in all zoning
districts, except in the R-1 District where the maximum height shall not exceed two hundred (200’) feet.
3. Signs. No signs shall be allowed on an antenna or tower, except as required by local, state or
federal rule, law or regulation.
4. Co-location. All towers shall be designed to accommodate more than one
primary user, which allows for multiple telecommunication companies to locate on a single tower. Towers over 200’
should be designed to accommodate a minimum of four (4) antennas. Towers under 200’ shall be designed to
accommodate a minimum of two (2) antennas.
8. Users.
A tower shall have at least one carrier commitment at the time of application for special exception approval by the Board of Zoning Appeals (BZA).
9. Buildings and Support Equipment. Buildings and support equipment associated with towers and antennas shall comply with the minimum set-backs set forth herein, and shall not
exceed the height of required landscape screening.
10. Tower
Types. Lattice, monopole, guyed and other commonly designed structure support systems
for antennas are allowable. Each application for special exception approval must, however, include a written
justification for the type of tower proposed, taking into consideration its compatibility with surrounding land uses. Within
the R-1 District only monopole towers or other acceptable alternative tower structures are allowed.
11. Fencing. All telecommunications towers and equipment will be surrounded by a security fence at least
six (6’) feet in height.
F. LANDSCAPING
For all towers, at least one row of evergreen trees or shrubs capable of forming a
continuous hedge at least five feet in height and screening the base of the tower from public view within two years of planting shall be planted and maintained
in a healthy condition. A break in the hedge, not to exceed 10 feet in width, shall be allowed for access for
maintenance personnel and vehicles. New or existing vegetation, earth berms, existing topographic features, walls, fences, building and features other than
those described above may be used to meet the requirements of these regulations if the BZA finds that they achieve the same degree of screening.
G.
TOWER ABANDONMENT AND REMOVAL
The operator or owner of real property on which the tower is located shall provide the County with a copy of the notice of intent to the FCC to cease operations of the tower. The operator/owner shall have 90 days from the date of ceasing of operations to remove the tower. In cases where the FCC does not require a notice of intent, the operator/owner must notify the County within 90 days after operations cease. Ground lease agreements shall include language requiring the lessee or their successors or assigns to remove all above ground tower related improvements from the lessor’s property upon termination of the lease or within 90 days of ceasing operations, whichever first occurs.
H. REMOVAL BONDS OR LETTER OF CREDIT.
Prior
to the issuance of a permit to construct the tower, the operator/owner shall submit to the Loudon County Planning Office demolition estimates from three
licensed contractors to remove the tower, antenna, and buildings and support equipment and return the site to its original condition.
After review and acceptance by the Planning Office, a bond or letter of credit will be provided to Loudon County in the amount of the average of the
three demolition estimates. The bond or letter of credit shall have no termination date and shall only be released
by the BZA upon satisfactory completion of the demolition and clearance of the site, and inspection by the Loudon County Building Commissioner.
I. APPLICATION REQUIREMENTS FOR SPECIAL EXCEPTION APPROVAL
The
following information shall be submitted to the Loudon County Planning Office thirty (30) days prior to review by the Board of Zoning Appeals (BZA):
1. Site and landscape plans prepared by a registered engineer or licensed surveyor and drawn to scale showing site boundaries, tax map and parcel numbers, address, location of existing structures, access to public roads, tower foot print, proposed set-backs, perspective view of tower with dimensions, topographic features of the site, zoning of proposed site and surrounding contiguous properties, and names of contiguous property owners.
2.
Copies of certified letters sent to contiguous property owners advising them of the special exception application filed for approval of a communications
tower.
3.
Construction plans including an elevation drawing of the proposed tower.
4.
Names and addresses of the owner, telecommunications carriers locating on the tower, property owner, and copy of the lease agreement with the property
owner with provisions which the applicant deems proprietary redacted, provided, however, the copy of the lease must at least show the parties to the lease, the
granting and operative leasing language for the lease of the premises, the description of the lease premises and the removal requirements of the lease.
5.
Documentation showing the site has been approved by the Tennessee Historical Commission and cleared by the Federal Aviation Administration must be provided prior to issuance of a building permit.
6.
A report including technical reasons for the proposed tower type, height, location, and compatibility with the surrounding land uses.
This report should include a radio frequency (RF) map showing the coverage area of the proposed tower.
7.
Certification letter from a registered engineer of the structural integrity of the tower for its proposed use, and if requesting a variance from the
required set-backs, a certification that the tower will collapse within the requested set-back.
8.
An inventory of existing towers or alternative structures that could accommodate the proposed antenna(s) within a one mile radius of the proposed site.
The inventory shall include the names of owners of towers and structures, height of towers, space available and at what elevation.
If the reason for failing to locate upon a tower in such a one-mile radius is a structural reason, the Applicant shall show the structural ability or
inability of the tower to accommodate the proposed antenna. If space is available on structures within the one-mile radius, applicants should provide an RF map
of coverage provided from these existing towers.
9.
An affidavit stating the applicant has exhausted all avenues to co-location.
10.
An affidavit stating that space on the proposed tower will be made available to future users when technically possible at rates and lease terms
commensurate with those required by other providers in the Knoxville Metropolitan area.
11.
Three demolition cost estimates based on construction drawings and a bond or letter of credit for the average cost of the three estimates.
12.
A visual study within a one (1) mile radius of the proposed site depicting areas where the tower can be seen. The
study should include a minimum of four (4) photographs of the proposed site from one mile north, south, east and west. The
photos must include a computer simulation of the proposed tower.
13.
An application for a special exception request accompanied by a $1,700 processing and technical review fee.
(The addition of Section 4.230 was recommended by Loudon County
Regional Planning Commission 7/20/99, approved by Loudon County
Commission 9/13/99.)
Amended: Loudon County Regional Planning
Commission 11/20/01,
approved by Loudon County Commission 12/03/01, with revisions.
4.240. Site Plan Review. All persons, businesses, or organizations applying for a
building permit must first submit two (2) copies of a site plan to the Loudon County Office of Planning and Community Development for all commercial,
multi-family residential, industrial, and institutional developments. A permit will not be issued unless a plan is submitted and approved by the Office of
Planning.
All site plans shall show the following:
1. The
site location of the proposed use/structure including a location map and the scale of such map.
2. Drainage
system plan to include but not limited to the location of enclosed storm sewers and appurtenances, open channels, and swales on property lines and/or back lot
lines, and contour lines at five (5) foot intervals. The Office of Planning may choose to eliminate contours if a need does not exist.
3. Size
and dimensions of the proposed building and a drawing of all setbacks.
4.
Location of loading zones, front, side, and rear doors, if any.
5.
Parking area design, number of parking spaces, and design of those spaces.
6.
Location and layout of proposed water and sewer lines and any attendant facilities such as a pumping station and utility power lines, etc.
7.
Location of any signage and the dimension of such sign(s), which will advertise the use of the building.
8. Location
of any easements, alleys, or marginal access roads.
9.
Location and design of all entrances and exits onto a public road (Developer should consult with the Office of Planning).
10. In the case of a shopping center, a master plan may be submitted that gives all of the above information
for the shopping center as a whole instead of individually for each use in the shopping center.
11. After a time period in which a master plan for a shopping center is approved, any additional structure
that was proposed for development and was not included in the original master plan for the shopping center must submit a site plan for the proposed addition to
the shopping center including additional parking areas.
12, A letter of credit must be submitted along with a site plan to cover the estimated cost of required public
improvements, including driveway and parking area paving and curbing, landscaping improvements, and drainage improvements. The dollar amount of the letter of credit will be determined by the Loudon County Office of Planning, based on reasonable construction cost
estimates provided by the developer. Letters of credit will be released upon satisfactory completion of the
required improvements and the issuance of an occupancy permit by the Loudon County Building Commissioner.
(The addition of Section 4.240 was recommended by Loudon County
Regional Planning Commission 12/19/00, approved by Loudon County
Commission 2/05/01.)