ORDINANCE NO. _____

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF

ORDINANCES, CITY OF KINGSPORT, TENNESSEE,

CHAPTER 114, ARTICLE III, DIVISION 10 REGARDING

THE GATEWAY DISTRICT; TO FIX A PENALTY FOR

THE VIOLATION OF THIS ORDINANCE; AND TO FIX

THE EFFECTIVE DATE OF THIS ORDINANCE

BE IT ORDAINED BY THE CITY OF KINGSPORT, as follows:

SECTION I. That the Code of Ordinances, City of Kingsport, Tennessee, is

hereby amended by deleting in its entirety Chapter 114, Article III, Division 10 and

substituting in its place the following:

CHAPTER 114

ZONING

ARTICLE III DISTRICTS

Division 10. Gateway District

Sec. 114-501. Intent.

(a) The city takes pride in being a community in control of its future. The

city-affirms that the quality of the physical environment has a direct bearing on its

livability and its economic prospects. Through the Northeast Tennessee Corridor

Review Commission, referred to in this division as the “gateway review

commission”, the city has forged a clear consensus about the desire and

character of its environs. It is the intent of this division to implement the

recommended policies that are relevant to the decisions, which affect the

community. These include the desire to:

(1) Provide for improved management of the natural and manmade

resources required for the attraction, expansion and continued

support of industrial and commercial development;

(2) Provide for the creation and expansion of employment opportunities

for city citizens through the promotion of business and industrial

development;

(3) Protect residential property from any negative impact which may

result by adjoining or being in close proximity to commercial

development;

(4) Create an attractive and efficient environment through sound land use

planning and design standards;

(5) Ensure consistently high design quality and harmonious relationships

among the different development components as well as design

elements of MeadowView, including architecture, signage and

landscaping;

(6) Facilitate development and minimize delay by establishing a rational

basis for preparing and evaluating plans;

(7) Serve as a model for high quality development and surrounding

properties and for other mixed use developments in the area;

(8) Create a positive image of the city for visitors utilizing the gateway;

and

(9) Maintain and preserve natural vistas.

(b) The city believes that design review is an important process for

ensuring that these policies are carried out. In all cases, the Americans for

Disability Act shall be observed and will be in effect concerning proposed

developments that fall within the gateway districts of the city.

Sec. 114-502 District Permitted.

Provisions to establish a special gateway district which can be applied over any zoning

district located along the designated area, referred to in this division as the “Northeast

Tennessee Corridor Overlay District”, which is further referred to as the “Gateway

District”.

Sec. 114-503 Gateway Review Commission.

(a) Appointment, membership, compensation. The board of mayor and aldermen

shall create a seven-member Northeast Tennessee Corridor Overlay District

Commission, referred to in this division as the “gateway review commission”. The

gateway review commission shall be composed of seven members, five of whom shall

be appointed by the board of mayor and aldermen, one who is in private business, one

from an educational or research institution and one who is an architect. The sixth

member shall be the director of planning. No person, whether or not a landowner or

developer, with an interest in any property within the corridor shall be appointed to serve

as a commissioner. The seventh member shall be a member of the board of mayor and

aldermen. The term of office of the member appointed from the board of mayor and

aldermen shall coincide with his term of office. The remaining commissioners shall serve

term of five years. Commissioners appointed to the Gateway Review Commission shall

be appointed for staggered terms of five years, except as otherwise provided in this

section. All commissioners shall be residents of the city. Any vacancy because of

nonresidency, incapacity, resignation, or death shall be filled in like manner for the

unexpired term. Subsequent commissioners shall be appointed by the board of mayor

and aldermen. Commissioners may serve more than one term.

(b) Organization and meetings. The gateway review commission shall elect from

its members a chairman and any other officers desired, who shall continue to be voting

members, and shall adopt its own bylaws and rules of procedure. A majority of the

commissioners shall constitute a quorum for the transaction of business. Meetings shall

be held at the call of the chairman or by a majority of the members. Minutes shall be

kept of all meetings, and all meetings and records shall be open to the public.

implementation for the comprehensive development of the entire corridor overlay zones

for the purpose of developing a systematic land management policy and guidance for

any person in the development process in regard to all matters relating to accepting,

considering, approving or denying applications for certificate of appropriateness to

ensure development consistent with the policies and plans of the gateway review

commission and to administer in force such development, architectural standards,

regulations and related rules and procedures as the commissioners may adopt.

Sec. 114-504 Established.

The state general assembly, by Private Acts of 1995, chapter 77, created the

Northeast Tennessee Corridor Overlay District in the city.

Sec. 114-505 Powers and duties of the Commission.

In order to accomplish the purpose of the act, corridor overlay zones shall be

established by the governing body within which the Commission shall exercise powers

described herein to effect the purposes of this act. The powers described shall be

exercised in cooperation with the governing body and other police powers. The

governing body’s zoning resolution shall be amended to establish corridor overlay zones

in accordance with the provision of its zoning resolution and the general law of the state.

Where design and development standards, regulations, policies, and procedures are

adopted for the corridor overlay zone by the Commission pursuant to this act, said

standards, regulations, policies and procedures shall apply, provided that, the permitted

and prohibited property uses, zoning, land management procedures and regulations

applicable within the City shall also apply. These adopted design and development

standards are available through the Planning Department of the City of Kingsport,

Tennessee.

All business, commercial, manufacturing and industrial development and changes to

existing developments located in the Gateway district shall be reviewed by the gateway

review commission, or their designee, except for residential structures or agricultural

uses and structures. Such new and existing business, commercial, manufacturing and

industrial developments shall receive the Gateway Review Commission’s approval by

issuance of a Certificate of Appropriateness before receiving an erosion control, grading,

building permit or certificate of occupancy.

Section 114-506. Development Guidelines.

(a) All businesses, commercial, manufacturing, and industrial development and

changes to existing developments located in the Gateway District shall be

reviewed by the Gateway Review Commission, or their designee, except

for

residential structures or agricultural uses and structures. Such new and

existing businesses, commercial, manufacturing and industrial developments

shall receive a Gateway Review Commission’s approval by issuance of a

Certificate of Appropriateness before receiving an erosion control, grading,

building permit or Certificate of Occupancy.

(b) In no instance shall the following uses be permitted in the Gateway District:

off premises signage, communication facilities, high-rise signs, and wind

turbine facilities.

districts within the Gateway district.

(1) Grading Plan: Improvements on the site should be developed to

minimize changes in existing topography and the loss of existing

mature vegetation. All existing trees with trunks over twelve (12)

inches in diameter measured four foot above the lowest grade should

be shown on the grading plans. Incentives are provided to retain

healthy existing trees. Smooth topographic transition should be

provided at the edges of property. Minimum changes in topography

are recommended with no slopes exceeding 1.3 ratio (one foot rise

three-foot run). All grading plans require approval by the engineering

department. All grading plans over one-acre require approval by the

Tennessee Department of Environment and Conservation before a

grading permit can be issued. See the Erosion Control provisions of

the City Code for additional requirements.

(2) Site Plan: A building setback of a minimum of 50 feet from the right-

of-way shall be maintained for all buildings locating adjacent to any

interstate, expressway or principal arterial street. Where the need

exists for retaining an open image, protecting views, creating a high

quality image, and maintaining natural edges along the roadway’s

borders a wider setback may be requested. Developments are

encouraged to be located and configures in a visually harmonious

manner with surrounding developments, existing terrain, and not to

impede scenic views within the corridor. Additional district setback

information is in the Kingsport zoning ordinance. For details regarding

the required information for development plan submittals, see the

Zoning Development Plan, Parking and Landscaping provisions of the

Zoning Ordinance.

(3) Drainage Plan: To minimize runoff and provide adequate green

space, impervious surfaces such as roofs and pavement should not

cover more than 75 percent of the site area. Undeveloped right-of-

way immediately adjoining the site may be used in calculation of the

impervious area, provided it is not more than fifteen (15) percent of

the calculation and is maintained by the occupant. Stormwater entry

and exit points must be protected to avoid erosion. An open space

system of ridges, steep slopes, drainage corridors, periphery yards,

buffers and landscaped areas provide natural stormwater absorption

and filtration zones avoiding the need for large scale piping and

retention systems. When such designs are not possible, stormwater

areas will be landscaped to blend with natural features of the site.

Retention or detention ponds, if needed, are encouraged to be graded

gradually enough not to require fencing. Appropriate storm-water and

drainage calculations shall be provided by a licensed professional, as

permitted by the State of Tennessee, and approved by the City

Engineer.

(4) Landscape Plan: Visual buffers shall be provided along interstates,

expressways or major arterial streets by using a combination of

opaque fencing, natural vegetation, berming, and/or informal plantings

as recommended by the Landscape Specialist. The property owner(s)

shall maintain all plant material within the ROW, when used as a

credit for pervious area, and on the property for the lifetime of the

proposed use. For any new use, this maintenance responsibility must

continue. Visual buffers used to soften the appearance of structures

and parking lots from interior streets are recommended. Options for

landscaping are made available for developers who create dedicated

open public spaces, walkways, or other creative, resourceful, land

uses in the Landscape and Buffer provisions of this ordinance. For

additional requirements of landscape plans, see the landscaping

section of the zoning ordinance.

(5) Architectural Design: A compatible relationship for proposed

developments in the gateway district is of critical public concern for

any building or site improvements. The intent of the design review is

not to stifle innovative architecture but to assure respect while

reducing incompatible and adverse impacts on the visual experience

from the roadways. The Commission may alter corporate colors or

architectural designs within the district to create a compatible visual

image. To accomplish this, the gateway review commission shall

exercise the following guidelines for review of such proposed

developments:

a. Materials: Selection and use of building materials should

respect the climate and heritage of the area. Exterior building

materials, which are encouraged include: brick, stone and stone

veneers, plate glass, pre-cast concrete panels, architectural block,

glass block, and EIFS (commonly known as Dryvit). Materials

considered unacceptable include: plywood or plywood-based

products, pre-engineered metal, painted or natural concrete block,

and composite building parcels, and vinyl siding. Designers are

encouraged to vary materials from building to building while

limiting the number of different materials to three (3) on any

individual structure.

b. Colors: In general, neutral or muted tones should be used. A

maximum of three (3) predominant colors should be used. Painted

or factory-finished metal should be used only in dark colors with a

matte finish.

c. Accessory Buildings: Metal buildings shall be an accessory

to the principal structure without public access, typically used for

storage and must be concealed from view. Large areas of

exposed concrete are discouraged.

d. Architectural Elements: All development designs are to be

consistent or compatible within a development in terms of

architectural design, exterior building materials, colors and/or

arrangement of buildings.

1. Rooflines shall be strongly defined. Canopies and other

architectural elements, such as brick or rockwork details,

which define the roof, are encouraged. All

mechanical/electrical equipment and rooftop or ground-

mounted equipment and protrusions are to be screened

from view from entrances and pedestrian pathways as

viewed from on-site ground level. Roof-mounted equipment

must be screened on all sides. Sloped roofs may be used

in combination with flat roofs to enliven the building profile

and to provide screening.

2. Large blank walls shall be avoided. Recessed or

articulated wall surfaces, columns and beams are

encouraged to visually segment exterior wall surfaces.

Windows and other openings should reflect the character

and style of the building.

3. Service areas, including storage, special equipment,

maintenance and loading area, shall be completely

screened so as not to be visible from the interstate,

expressway or arterial highway.

4. Refuse collection areas shall be visually screened using

materials and colors compatible with those of the primary

structure and shall be roofed if the contents are visible from

any public street, interstate, expressway or arterial street.

(6) Signs: Although signs occupy little space, they have a major impact

on the image of the gateway district. For this reason, signage systems

must be designed to create a consistent quality image throughout the

district. Specific requirements can be found in the sign provisions of

zoning ordinance, additional requirements are set forth in this

document that also apply within the gateway district. The intent is to

create a cohesive image and to consistently decrease the amount of

clutter and visual disturbance within the district. Any appeals to the

following standards must be presented to the Gateway Review

Commission.

a. Permanent signs will be reduced by up to fifty percent (50) of

the square footage allowed in the underlying zoning district

by the Gateway Review Commission, and are limited to one

freestanding sign and one wall mounted sign.

b. Monument style signs are required with the signs height and

square footage being in scale with the building or site. Signs

are required to be internally illuminated block letters

mounted on a raceway. Backlit letters and indirectly

illuminated signs are acceptable. Three colors maximum are

allowed for signs with up to two font styles. Ground mounted

building identification signs shall have fully enclosed solid

bases of either brick or stone, mounted at the ground plane.

No supporting structural members are to be exposed.

Specific underlying zoning requirements for signs can be

found in the sign provisions of the zoning ordinance.

c. The following signs are prohibited: A-frame signs; roof

mounted signs or portico mounted signs; bench signs; off

premise signage; captive balloon signs; inflatable signs;

portable signs, and portable signs converted to permanent

locations; lollipop signs; paper, cloth, plastic streamers and

canvas; painted signs on primary walls; pendants; traffic sign

replicas; high-rise signs; permanent come-one signs (sale

today, stop, look, etc.). Strings with continuous flags shall

not be permitted.

d. Changeable copy signs are allowed for automobile service

stations, theaters, and conference centers. Electronic

message board signs may be considered with the review of

the commission if they are allowed by the underlying zoning

district, however, electronic message board signs are not

allowed in B-3, General Business Districts.

e. Landscaped areas are required around the base of signs.

The minimum landscaped area shall not be less than the

square footage of the sign. The landscaped area must be

protected from vehicular traffic and approved by the City

Landscape Specialist.

f. Interim signs: While signs of a nonpermanent nature are

generally not permitted, any sign that is not permanent in

nature and fails to meet permanent sign requirements must

meet the following respective specifications:

For sale and for lease signs shall be limited to two

per parcel. The size shall be limited to one square

foot of sign for every four feet of lot road frontage

up to a maximum of 64 square feet for one surface,

or 32 square feet per side with two faces maximum.

Real estate signs shall have a maximum height of

six feet, measured from the ground level (average

grade).

Temporary signs for construction sites shall not

exceed 64 square feet total and shall be removed

upon completion of construction activity and before

occupancy of the building.

g. Special event signs (See Article IV, Section 114-564(2) d for

size allowances) must be removed following the event and

are permitted only on the premises during the event, but in

no case longer than 15 days.

(7) Landscaping and Screening: The landscape guidelines are

designed to maintain overall visual continuity within the gateway

district. The intent is to reflect the traditional character of the area

with informal groupings of plants amidst green lawns and

woodlands. Landscape design should compliment this image.

a. A performance bond is required for a period of one-year,

with extensions granted when necessary, for landscaping

not installed at the time of issuance of a Certificate of

Occupancy. Landscaping must be maintained for the

lifetime of the intended use. Landscaped areas are required

around the base of signs. The minimum landscaped area

shall not be less than the square footage of the sign. The

landscaped area must be protected from vehicular traffic

and approved by the City Landscape Specialist.

b. Healthy existing trees should be retained whenever possible

and may be counted as credit (two trees for every saved

tree) for other required landscaping. Grading and

construction shall avoid the disturbance of such trees.

Larger trees or up to double the amount of required number

of trees and vegetation may be required by the Commission

if it is shown the site was clear cut within three years prior to

submittal of a development plan.

c. Landscape incentives may be utilized to encourage the

preservation of existing healthy vegetation and innovative

site design. Existing healthy vegetation and the area of land

used to maintain the vegetation may be counted towards

meeting performance criteria for buffers, streetscapes, open

space, and interior parking areas.

A five to twenty percent reduction in the number of parking

spaces required on the site may be allowed to the extent that

the reduction in the amount of pavement will preserve

existing healthy trees in an undisturbed natural condition.

A ten percent reduction in the amount of pervious area is

required on the site if public art/space in a compatible

manner is included in the development.

A reduction in required landscaping may be considered if the

development includes innovative site/building design

concepts, substantial redevelopment of a site, or if natural

constraints exist.

The area used for preservation of existing healthy vegetation

in the interior parking area may be used as credits for other

landscaping.

Substitutions for both trees and shrubbery amounts and

locations may be considered by the Commission with a

recommendation from the Landscape Specialist.

d. Fencing and screening: Long fences (50’ or more) should

be broken up by landscaping or undulation in the fence line.

Chain-link and unfinished wood fences are not allowed.

Fencing and screening shall not be placed within 25 feet of

any street corner. Fencing and screening shall not block

access to above-ground, pad-mounted transformers and

should provide 15 feet of clear access to the transformer

doors.

Fencing and screening shall not impede or divert the flow of

water in any drainage way.

The maximum height of fences should generally be 6 feet,

except for tennis courts, storage screening, and similar uses

which may be up to 12-feet in height. No fences over 2 feet 6

inches shall be placed in any front yard.

The Gateway District approved standard for right-of-way

border fencing or frontal fencing is required along interstate,

expressways or arterial highways.

(8) Lighting and Utilities: Lighting should be used as a landscape

element and for security purposes and should be designed to

reduce impacts on adjacent sites. Consistency in style and design

of fixtures shall be maintained throughout a site.

a. Lighting levels should be as even as possible. For all

private roadways, parking lots and entrances, the lighting

system should provide a minimum ratio of 4:1 uniformity or

better, or with the current I.E.S. (Institute of Electrical

Standards) recommendations for office and mixed-use

developments. General parking lot lighting shall not

exceed an average of 2.5-foot candles overall. All lighted

canopies shall have recessed, indirect lights within the

canopy.

b. Lights placement must avoid glare on-site or light spillage

onto adjacent sites. Where necessary, cutoff boxes should

be specified to reduce throw on adjacent sites.

c. Neon lighting is not encouraged; however, soft and or

muted colors may be allowed.

d. Light poles are to be neutral, preferably dark in color and

not made of wood. All parking and security lights are to be

cutoff luminaries. The height of light fixtures should be in

proportion to the building mass, preferably no taller than

the building height. Lighting for pedestrian areas should be

12-15 feet in height. Ground-oriented pedestrian scale

lighting should be considered as an alternative to pole-

mounted fixtures along pedestrian walkways at three to

four feet in height.

e. Outside speakers shall not be permitted for use as

paging or public address systems. Outside speakers may

only be used under certain conditions, with the

Commissions approval, for special/cultural or public

events.

f. All utility lines, including but not limited to electric,

telephone and TV cable shall be placed underground.

(9) Parking: The desire of the gateway review committee is to visually

shield parking areas from public streets and residential areas.

a. All parking lots and drives shall be hard surfaced with

concrete or asphalt, unless an acceptable alternative is

approved by the Commission, and shall have concrete

extruded curbs. Special paving or marking is required for

accent areas such as: entrance drop-off zones and

pedestrian walkways.

b. Innovative design concepts to improve parking area

appearance are encouraged. All parking areas shall be

visually screened from roadways with plantings or earth

mounding (berms) 2 ½ to three-feet high. Where planting

material is used exclusively, 60% opacity must be achieved

in the winter and 80% in the summer.

c. A landscaped area with a minimum of ten feet shall be

provided between parking and internal roadways and entry

drives.

d. Large parking areas shall be broken into smaller sections,

using berms and landscape medians for separation. On

wooded sites, preservation of groups of trees is encouraged

to frame smaller parking cells and to screen the parked

cars.

e. Outdoor display areas may require up to 50% greater

landscape requirements as established by these provisions.

f. On-street parking is not permitted.

g. Parking lots of contiguous developments should, where

possible, interconnect among the differing developments to

encourage continuous movement of traffic among

developments to reduce traffic flow on public streets and to

minimize the need for excessive curb cuts.

(d) The following shall apply to all M-1/ M-2 and M-1R zoning

districts within the Gateway District:

(1) Grading Plan: Improvements on the site should be developed

to minimize changes in existing topography and the loss of

existing mature vegetation. Smooth topographic transition

should be provided at the edges of property. Sites should be

located to minimize destruction of existing vegetation. All

existing trees with trunks over twelve (12) inches in diameter

measured at four foot above the lowest grade should be

shown on the grading plans. Incentives are provided to retain

healthy existing trees. Minimum changes in topography are

recommended healthy existing trees. Minimum changes in

topography are recommended with no slopes exceeding 1:3

ratio (one foot rise three-foot run). All grading plans require

approval by the engineering department. Plans for sites over

one-acre require approval by the Tennessee Department of

Environment and Conservation before a grading permit can be

issued. See the Erosion Control provisions of the City Code

for additional requirements.

(2) Site Plan: The purpose of the gateway regulations in industrial

areas is to minimize impacts on adjacent properties by

providing adequate green space, buffering, and screening

around the area proposed for development. A combination of

opaque fencing, topography, berming or informal plantings, as

recommended by the Landscape Specialist, is encouraged to

be used. The site plans must meet all city requirements for

grading, erosion control, and storm water management.

(3) Architectural Design and Materials: Permanence in quality

should be evident in both the building design and construction

materials. Permanence implies that buildings should age

without deteriorating, given a minimum level of maintenance.

This can be achieved through the use of quality building

materials and method of construction.

a. The building facade shall be finished with brick, pre-cast or

cast in place concrete textured panels, glass, pre-finished

architectural panels (without exposed fasteners), stone or

other materials acceptable to the Committee.

b. No building shall be constructed of exposed concrete block

unless it is split face, fluted, or such blocks are covered

with stucco, Dryvit, or equivalent.

c. The use of metal buildings is acceptable provided the

façade shall be finished with acceptable materials listed in

subsection 5a.

d. Dumpsters shall be screened or fenced. Loading docks

will be permitted on the main elevation of a building that

faces the street. Landscaping and screening should be

provided to soften the visual impact.

e. All HVAC or other equipment located on the roof of any

building, or other equipment affixed to, or located on the

ground, shall be landscaped or screened from public view.

(4) Landscape Plan: Plans and specifications for any building or

structure to be constructed on any lot shall include a detailed

landscape plan indicating the location, size, type and height of

each planting. The area between the lot property line and the

street curb line shall be grassed except for areas covered by

pavement, sidewalks, and landscaping. All landscaping

required on any lot shall be completed within sixty days of

substantial completion of construction, or within schedules set

forth in the approved plans.

(5) Parking Areas: Off-street parking will be determined by the

underlying zoning district with review by the commission as

part of the overall site plan review process. Parking shall be

provided on the lot to accommodate all parking needs of

employees, visitors, and company vehicles. All parking areas

will be paved, curbed and appropriately marked.

(6) Signage: Shall be determined by the underlying zoning district

subject to commission review as part of the overall site plan

review process.

(7) Lighting and Utilities: Plans and specifications for any

building or structure to be constructed on any lot shall include

a detailed lighting plan indicating the location, type and foot-

candle strength of the lights. Lighting may be used as a

landscape element and for security purposes. Light placement

must avoid glare on-site or light spillage onto adjacent sites or

roadways. Where necessary, cutoff boxes should be specified

to reduce throw on adjacent sites. All utilities from the service

lines to the improvements on each lot shall be underground.

(e) The following shall apply within MX, Mixed Use zoning Districts:

(1) Site Plan: The Planning Commission and the Gateway

Commission shall approve a master site plan for the entire

district. The district allows flexibility in the development of

compatible mixed uses with areas of light manufacturing,

professional office, and commercial uses, and to do so by

developing a self-contained campus-like atmosphere that

protects adjacent uses.

(2) Grading Plan: A master-grading plan shall be submitted

which incorporates design features described in this

ordinance. The plan shall be designed to meet the erosion

control provisions of the Subdivision Regulations and the

zoning ordinance and shall have the approval of the

Tennessee Department of Environment and Conservation, and

the city engineering department prior to being submitted to the

Gateway Commission.

(3) Landscape Plan: The master plan shall address the MX

district as viewed from the surrounding road network and

adjacent land uses. It is important that an image be presented

that complements the sites natural setting. In order to achieve

a natural edge, landscape treatments should be designed

within the setback buffers and the periphery yard and aimed at

providing an entry statement into the park. Earth contours and

landscape plantings are to be organized to shield large

buildings, parking areas, and lay down yards, which may be

visible from adjacent areas.

(4) Architectural Design: Within the MX district, architectural

design is not specified; however, the materials, colors,

architectural elements, and treatment of accessory buildings

shall be provided on the master plan. It is encouraged that

previous sections of this ordinance be used in designing these

elements.

(5) Signs: The number and size of signs shall be as permitted

with the underlying zoning ordinance. Signs within the district

shall be monument style and landscaped.

(6) Landscaping and Screening: Where land uses change within

the district, a densely planted strip of 15 to 25 feet in width,

depending on the use, shall be created to screen areas from

each other. Interstates, expressways, or arterial highways

shall be screened with landscaping or architectural elements

so that service areas including special equipment,

maintenance, and loading areas are obscured from view.

Where landscaping is used exclusively for this purpose it must

achieve 60% opacity in the winter and 80% opacity in the

summer.

(7) Lighting and Utilities: Lighting should be used as a

landscape element and for security purposes and should be

designed to reduce impacts on adjacent sites. Consistency in

style and design of fixtures shall be maintained throughout the

site. All utility lines shall be underground.

(8) Parking: Parking areas shall be designed and landscaped as

required by the MX, Parking Provisions of the zoning

ordinance. The use of berms and landscaping is encouraged

to shield parking areas from public streets and residential

areas.

Section 114-507. Submission Requirements and Review Process.

(1) Review of Applications: Certificates of Appropriateness are required for

building permits and certificates of occupancy. All applications for permits for

construction, alteration, repair, rehabilitation or relocation of a building,

structure or other improvements to real estate situated within the gateway

district shall be reviewed by the gateway review commission, and approved or

disapproved, with findings of fact for the disapproval stated in writing. No

building permit may be issued by the city for signage, landscaping, new or

redeveloped structures, site grading, or other exterior improvements within the

gateway district without issuance of a certificate of appropriateness by the

gateway district commissioners, or their designee, or by the Board of Mayor

and Aldermen on appeal, as provided in these guidelines.

(2) Mixed-Use District: For developments within mixed use zoning districts that

receive comprehensive approval by the commission, the planning manager will

have the authority to issue a certificate of appropriateness for individual uses

within the park, on finding that the requirements of this ordinance have been

met. This will be reported to the commission at its next meeting.

(3) Plan Review Procedures and Applications: All applications for corridor

review shall be submitted and reviewed according to the following procedures:

a. A complete application shall be submitted not less than: Thirty working

days before the Gateway Review Commission meeting with complex

developments, and ten working days before the Gateway Review

Commission meeting at which the applicant wishes to be reviewed for

minor external changes, signs, and previously reviewed projects.

b. Gateway Review Commission approval shall be in effect for two years

from the date of the certificate of appropriateness for small

developments. If the project is not completed within the two-year

timeframe, the certificate of appropriateness shall be voided. Large on-

going industrial or mixed-use developments shall have approval for a

period of five years and approval shall be reinstated under the

previously approved development plans, unless significant changes

have taken place.

c. If the gateway commission denies granting a certificate of

appropriateness, the gateway commission will not accept a re-

application for a certificate unless significant changes have been made

to the site plan.

d. The planning director, or the gateway commissions' designee, shall

have the authority to amend site plans after certificates of

appropriateness have been issued, provided the amendments are minor

in scope. The planning director, or the designee, shall report to the

gateway commission any amendments to the plans that have received

a certificate of appropriateness.

e. Failure of the corridor overlay review commission to act on an

application within the time required in this section shall constitute

approval of the certificate, without undue circumstances, and that an

extension be granted upon concurrence of the applicant.

f. Applicants will be informed in writing of the outcome of their review

within one-week.

(4) Application Requirements: Applicants shall submit the following information,

as required, for review by the gateway district commissioners before the

application shall be considered complete:

a. Plans, drawings, color and materials samples, photographs and or a

narrative showing new development and alterations/additions as

follows:

b. Survey (one inch equals 30 feet, minimum scale) of property lines,

existing topography maps (with 5’ contour intervals or less), zoning

boundaries, locations of adjoining properties and its use(s), nearby

locations of streets, utilities, the approximate location of trees (meeting

the 12” dbh requirement) the location of bordering streets and existing

and proposed access points, proposed grading as approved by a

licensed engineer, and other pertinent information or revisions, as may

be required by the Commission.

c. Site plan (one inch equals 30 feet, minimum scale) of property lines,

existing topography maps (with 5’ contour intervals or less), zoning

boundaries, locations of adjoining properties and its use(s), nearby

locations of streets, utilities, the approximate location of trees (meeting

the 12” dbh requirement) the location of bordering streets and existing

and proposed access points, proposed grading as approved by a

licensed engineer, and other pertinent information or revisions, as may

be required by the Commission.

d. Architectural Plans depicting elevation drawings including exterior

building materials and colors and depictions of the front and sides that

are exposed to public roads with accurate dimensions and bearings

and prepared and signed (with seal) by a registered engineer or

architect as licensed by state law.

e. Filing fee in an amount as specified by the city.

f. For minor external changes:

i. Photographs and/or drawings of existing development.

ii. Site Plan showing location of existing development.

iii. Drawings, material samples and color samples of

proposed changes.

g. For Sign applications:

i. Accurate color rendering of the proposed signs showing

dimensions, type of lettering materials and actual color

samples.

ii. For freestanding signs, a site plan (showing the location

of the signs in addition to buildings, parking, existing

signs, property lines and proposed landscaping.

iii. For wall signs, a rendering of the building depicting the

proposed location and proportions of the signs.

iv. Fixture type and wattage of lighting with light intensity in

foot-candles.

v. Filing fee in an amount as specified by the city.

vi. In multi-tenant centers, project signs may be used that

incorporate the overall scheme of the project. Each user

with the project that stays within the approved criteria

may seek approval from planning department staff, or

the Gateway Review Commission’s designee, without

revisiting the Gateway Commission for additional

signage.

vii. All freestanding signs must be monument style with

permanent bases of rock or brick, except small

directional signs.

(5) Minor Amendments: Minor changes to previously approved plans and or

projects may be submitted by the applicant to the Planning Manager and will

be considered using the following guidelines:

a. Amendments may be made to any previously approved project where

a Certificate of Appropriateness has been issued after review and

approval by a minimum of two members of the Gateway Commission

without submittal to the full Commission. If any question arises as to

compliance with the previously approved Certificate, the Planning

Director shall refer the amendment to the full commission for action.

b. This action is intended to expedite approval in those situations where

amendments are of minor significance and generally relate to minor

improvements or changes. Such amendments must meet the

Gateway District Development Guidelines. Such amended plans shall

have written on them the exact changes made, and a note for the

Planning Director's and the Two Gateway Commissioner’s signatures,

signifying their approval under this section for the amendments as

noted. Any plans approved by this group shall be fully described to the

full commission at its next meeting and properly entered into the

minutes of the meeting.

Section 114-508. Appeal of Gateway Review Commission Actions.

(a) Any interested party who is aggrieved by any action of the commission,

including the approval or denial of a certificate of appropriateness, may

appeal its decision to the governing body for the City of Kingsport by filing an

appeal on a designated form and paying such filing fee as may be required

within thirty (30) days of the action of the commissioners. The action that is

appealed may be overruled by an affirmative majority vote of governing body

for the City of Kingsport. All appeals shall be heard within 60 days of filing of

an application for appeal. Appeal from the action of the governing body for

the City of Kingsport shall be by writ certiorari as provided in general law and

shall be filed within 30 days of such action.

Section 114-509. Enforcement of Commission Decisions.

(a) In case any building or structure is erected, constructed, reconstructed,

altered, maintained, or used, or any land is used in violation of this act or of

any regulation or provisions enacted or adopted by the commission under the

powers granted by this act, the board of commissioners, the attorney general,

the district attorney general for the judicial circuit in which such violation

occurs, or is occurring, the governing body's supervisor, department of code

administration and inspection, or any adjacent or neighboring property owner

who would be specially damaged by such violation, in addition to other

remedies provided by law, may institute injunction, mandamus, abatement or

any other appropriate action, actions, proceeding or proceedings to prevent,

enjoin or abate or remove such unlawful erection, construction,

reconstruction, alteration, maintenance, or use.

Section 114-510. Changes to the Gateway District Development Guidelines.

(a) The Gateway Commission recognizes that development is a dynamic, not

static enterprise. To accommodate changes and innovations in the

development process, these guidelines will need to be modified from time to

time.

(b) The process to amend these guidelines shall require a public hearing to be

held by the Commission. Notification outlining the change(s) shall be mailed

to all affected property owners within the District at least fifteen (15) days

prior to the hearing. The notifications will also include the time, date and

location of the public hearing.

providing the details specified in Section (b), at least fifteen (15) days prior to

the Public Hearing.

Section 114-511. Legal Description of the District.

The zoning map of the city is zoned to provide a GD, gateway district, to be superimposed upon

the existing area in the city, described within the following boundary:

BEGINNING at a point, said point located at the intersecting centerline of Cox Hollow

Road and Snapps Ferry Road as shown on Sullivan County tax map 119 dated 2003;

thence in a westerly direction following the centerline of Snapps Ferry Road for a

distance of approximately 3,350 feet to a point, said point being the intersection of Rock

Springs Road and Snapps Ferry Road; thence in a southerly direction crossing the right-

of-way of Interstate 81 for a distance of approximately 520 feet to a point, said point

located on the southerly right-of-way of Interstate 81, said point also being the

northwesterly corner of parcel 75 as shown on Sullivan County tax map 119; thence

following said parcel line and interstate right-of-way for a distance of approximately 500

feet to a point, said point being the southwesterly corner of parcel 75, said point also

being located on the Urban Growth Boundary as approved by the State of Tennessee for

the City of Kingsport; thence in an easterly direction following the southerly extent of the

Urban Growth Boundary for a distance of approximately 14,780 feet to a point, said point

being the southeasterly corner of parcel 40 as shown on Sullivan County tax map 120;

thence in a northeasterly direction following the southerly property line of parcels 40, 41,

and 44 for a distance of approximately 1150 feet to a point; thence in a northwesterly

direction following the easterly property line of parcel 44 for a distance of approximately

1250 feet to a point, said point located on the centerline of Mitchell Road; thence

following the centerline of Mitchell Road in a northeasterly direction for approximately

975 feet to a point, said point being an extension of parcel 24.40 shown on Sullivan

County tax map 120; thence in a northwesterly direction following said property line

extended for a distance of approximately 900 feet to a point, said point limits; thence in a

southwesterly direction following the Kingsport City limits as shown on Sullivan County

tax map 60 for a distance of approximately 1,650 feet to a point, said point located on the

northerly property line of parcel 28 as shown on Sullivan County tax map 60, said point

also being located 2,000 feet from the centerline of Interstate 181; thence in a

southeasterly direction with and parallel to the centerline of Interstate 181 approximately

11,250 feet to a point, said point being the intersection of Reservoir Road and Jayne Road

as shown on Sullivan County tax map 75; thence continuing with and parallel to

Interstate 181 for a distance of 1,950 feet to the intersecting centerlines of Diana Road

and Hinkle Road; thence in a southerly direction following the centerline of Hinkle Road

for a distance of approximately 850 feet to the centerline of Princeton Road as shown on

Sullivan County tax map 75; thence in a southerly direction following the westerly

property line of parcel 102.02 extended for a distance of approximately 1500 feet to a

point, said point being the southwesterly corner of parcel 102.02 and the Kingsport City

limits as shown on Sullivan County tax map 90; thence in a westerly direction following

the southerly property line of parcel 99 and the Kingsport City limits for a distance of

approximately 100 feet to a point, said point being the northeasterly corner of parcel 64

as shown on Sullivan County tax map 90; thence in a southerly direction following the

westerly property boundary of Gaylemont Subdivision for a distance of approximately

1,800 feet to a point, said point located on the northerly right-of-way of Sullivan Gardens

Parkway; thence in a southeasterly direction crossing Sullivan Gardens Parkway for a

distance of approximately 200 feet to a point, said point being the northwesterly corner of

parcel 61 as shown on Sullivan County tax map 90; thence following the westerly

property line of parcel 61 for a distance of approximately 300 feet to a point located on

Horse Creek; thence following the northerly shore of Horse Creek for a distance of

approximately 800 feet to a point, said point also being the Kingsport City limit; thence

in a southeasterly direction following the westerly property line of parcel 61 and

Kingsport City limits for a distance of approximately 2,000 feet to a point, said point

being the northwesterly corner of parcel 12 as shown on Sullivan County tax map 91;

thence in a northeasterly direction following the northerly property lines of parcels 12,

11, 10 and 9 as shown on Sullivan County tax map 91 for a distance of approximately

2,500 feet to a point, said point being the northeastern corner of parcel 9 and the

northwestern corner of Timberidge Subdivision; thence in a southeasterly direction

following the common property line of parcel 9 and Timberidge Subdivision for a

distance of approximately 1,500 feet to a point located in the centerline of McCulley

Lane; thence in a northeasterly direction following the centerline of McCulley Lane to its

intersection with Shadyview Road, said point also being approximately 2,000 feet from

the centerline of Interstate 181; thence in a southerly direction of parallel with the

centerline of Interstate 181 for a distance of approximately 8,450 feet to a point, said

point located on the centerline of Rock Springs Road as shown on Sullivan County tax

map 105; thence continuing with and parallel to Interstate 181 for a distance of 5,225 feet

to a point located on the centerline of Cox Hollow Road; thence following the centerline

of Cox Hollow Road for a distance of approximately 1,250 feet to a point as shown on

Sullivan County tax map 105; thence following the centerline of Cox Hollow Road for a

distance of 2,700 feet as shown on Sullivan County tax map 119 to the point of being the

common corner of parcels 24.40/24.10 and 27.25 and the Kingsport City limit as shown

on Sullivan County tax map 120; thence in a northeasterly direction following the

Kingsport City limits for a distance of approximately 4,450 feet to a point located on the

centerline of Fordtown Road as shown on Sullivan County tax map 106, dated 2003;

thence following the centerline of Fordtown Road in an easterly direction and the

Kingsport City limits for a distance of 125 feet to a point, said point being an extension of

the southwesterly property line of parcel 26 as shown on Sullivan County tax map 106

and the Kingsport City limits; thence following the Kingsport City limits for a distance of

4,825 feet to a point, said point located on the centerline of Interstate 81; thence

following the centerline of Interstate 81 in a southwesterly direction for a distance of 650

feet to a point, said point being located 2,000 feet from the intersecting centerlines of

Interstate 181 and Intestate 81; thence in a northerly direction with and parallel to the

centerline of Intestate 181 for a distance of approximately 17,500 feet to a point, said

point being the southeasterly corner of tax parcel 2 as shown on Sullivan County tax map

91 and the Kingsport City limits; thence in a northeasterly direction crossing the right-of-

way of John B. Dennis Highway for a distance of 400 feet to a point, said point being the

southeasterly corner of parcel 3.2-A-76J; thence following the northerly property lines of

parcels 3.2-A-76J and parcel 3.25-A-76J for a distance of 1,500 feet to a point, said point

being the northeasterly corner of parcel 17-A-76G; thence following the northerly

property line of parcel 17-A-76G and the northerly boundary of Whispering Hills

Addition for a distance of approximately 1,500 feet to a point located on the centerline of

South Eastman Road; thence following the centerline of South Eastman Road in a

northeasterly direction for a distance of approximately 2,850 feet to a point located in the

center of the Sluice as shown on Sullivan County tax map 76; thence in a northwesterly

direction following the center of the Sluice for a distance of approximately 2,850 feet to a

point located on the centerline of Wilcox Drive; thence continuing along the center of the

Sluice for a distance of approximately 1,550 feet to a point which is the confluence of the

Sluice and Horse Creek as shown on Sullivan County tax map 61; thence in a

southwesterly direction following the center of Horse Creek as shown on Sullivan County

tax map 61 for a distance of approximately 2,550 feet to a point, said point being the

northeasterly corner of tax parcel 14 as shown on Sullivan County tax map 61; thence

following the northwesterly property line of said parcel for a distance approximately

1,100 feet to a point, said point being the southwesterly corner of parcel 14; thence

continuing in a southwesterly direction following the northwesterly property line of

parcel 14 extended for a distance of approximately 550 feet to a point; thence continuing

in a southwesterly direction for a direction for a distance of approximately 300 feet to a

point being the intersection of the northerly property line of parcel 6.9 and Horse Creek

Lane as shown on Sullivan County tax map 76, said point also being approximately 2,000

feet from the centerline of Intestate 181; thence in a northerly direction with and parallel

to the centerline of Interstate 181 for a distance of approximately 6,500 feet to a point,

said point being located on the property line of tax parcels 60-4 and 5; thence in a

westerly direction for a distance of approximately 2,000 feet to a point located on the

centerline of Interstate 181; thence continuing a westerly direction from the centerline of

Interstate 181 for a distance of approximately 650 feet to a point, said point located on

the Huntington Place Subdivision boundary and the Kingsport City. BEGINNING, and

being that area proposed to be designated as the Gateway Area.

All property located within the City of Kingsport Planning Region with an elevation over

1,400 feet above mean sea level shall also be subject to the provision of the Gateway

Overlay District. These provisions for elevations in excess of 1,400 feet will not apply to

single-family detached homes or agricultural uses.

The board of commissioners shall regulate the portion of the overlay district found within

the corporate limits of the City of Kingsport. If the corporate limits of the City of Kingsport

should change in the future due to annexation, the Commissioners shall, upon the effective date

of the annexation, regulate the new portions pursuant to the provisions of the act.

SECTION II. It is hereby declared that the sections, clauses, sentences and

parts of this ordinance are severable, are not matters of mutual essential inducement,

and any of them shall be exscinded if the ordinance would otherwise be unconstitutional

or ineffective. If any section, sentence, clause or phrase of this ordinance should be held

to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or

unconstitutionality shall not affect the validity or constitutionality of any other section,

sentence, clause or phrase of this ordinance.

SECTION III. Any person violating any provisions of this ordinance shall be

guilty of an offense and upon conviction shall pay a penalty of FIFTY DOLLARS ($50.00)

for each offense. Each occurrence shall constitute a separate offense.

SECTION IV. That this ordinance shall take effect from and after the date of its

passage, as the law directs, the public welfare of the City of Kingsport, Tennessee

requiring it.

______________________________

DENNIS R. PHILLIPS, Mayor

ATTEST:

______________________________ APPROVED AS TO FORM:

JAMES H. DEMMING, City Recorder

___________________________________

J. MICHAEL BILLINGSLEY, City Attorney

PASSED ON 1

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PASSED ON 2

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