AGENDA BOARD OF MAYOR & ALDERMEN April 15, 2019 Meeting

Transcription

1 AGENDA BOARD OF MAYOR & ALDERMEN April 15, 2019 Meeting Sevierville Civic Center 6:00 P.M.

2 AGENDA BOARD OF MAYOR & ALDERMEN April 15, 2019 Meeting Sevierville Civic Center 6:00 P.M. A. CALL TO ORDER 1. Pledge of Allegiance 2. Invocation B. ROLL CALL C. MINUTES 4/1/2019 D. PUBLIC FORUM 1. Consider approval of Ordinance O rd reading An Ordinance to amend the zoning map of the City of Sevierville as set forth in the Sevierville Municipal Code, Section , to place the visitor accommodations district designation upon property on Lonesome Valley Road as included in Resolution No Dustin Smith E. REPORTS Departmental Monthly Reports F. COMMUNICATIONS FROM MAYOR & ALDERMEN G. OLD BUSINESS 1. Consider approval of Ordinance O rd reading An Ordinance to amend section of the Sevierville Municipal Code Russell Treadway 2. Consider approval of Ordinance O rd reading An Ordinance to amend the zoning map of the City of Sevierville as set forth in the Sevierville Municipal Code, Section , to place the visitor accommodations district designation upon property on Lonesome Valley Road as included in Resolution No Dustin Smith H. NEW BUSINESS 1. Consider approval of Ordinance O st reading An Ordinance to amend the Zoning Ordinance of the City of Sevierville, to update, reformat, and replace Chapter 6, Signs Dustin Smith 2. Consider approval of Ordinance O st reading An Ordinance to amend the Zoning Ordinance of the City of Sevierville, to create an additional use for non-building structures over 44ft, create separate setback requirements for non-building structures, and set development standards for the added use Dustin Smith 3. Consider approval of Fireworks Display for The Tennessee Smokies Baseball Team at Smokies Park Matt Henderson 4. Consider approval of Annual Preventive Maintenance Contract for automated external defibrillators and heart monitors Matt Henderson 5. Consider approval to accept the lowest qualified bid for the demolition of the downtown fire station facility Matt Henderson 6. Consider approval to enter into an Agreement with GEOServices, LLC, for the materials testing and environmental consulting required for the downtown fire station demolition Matt Henderson 7. Consider approval of agreement between the City of Sevierville and the Sevier County Aquatic Club for use of the Family Aquatics Center for the Summer of 2019 Bob Parker 8. Consider approval of Project Agreement with TDOT for SR-338 Intersection at Old Knoxville Highway Project - Bryon Fortner 9. Consider approval of Contract with Charles Blalock and Sons, Inc., for the Construction of the Downtown Streetscapes Project in the amount of $6,777, Bryon Fortner 10. Consider approval to upsize a sewer force main from six (6) inches to eight (8) inch at the intersection of Newport Highway and County Line Road Steve Flynn I. ADJOURNMENT

3 BOARD OF MAYOR AND ALDERMEN CITY OF SEVIERVILLE, TENNESSEE April 1, 2019 A regular meeting of the Board of Mayor and Aldermen of the City of Sevierville, Tennessee, was held at the Sevierville Civic Center, 130 Gary Wade Boulevard, Sevierville, Tennessee, on April 1, 2019 at 6:00 PM. There were present and participating at the meeting: Robbie Fox, Vice Mayor Wayne Helton, Alderman Travis L. McCroskey, Alderman Jim McGill, Alderman Absent: Devin Koester, Alderman Senior Staff present: Tracy Baker, Assistant City Administrator Steve Flynn, Water & Sewer Director Matt Henderson, Fire Chief Joseph Manning, Police Chief Lynn McClurg, Chief Financial Officer & City Recorder Ed Owens, City Attorney Bob Parker, Parks & Recreation Director Dustin Smith, Interim Development Director Russell Treadway, City Administrator Vice Mayor Fox chaired the meeting with Lynn K. McClurg as secretary of the meeting. A motion was made by Alderman Helton and seconded by Alderman McCroskey to approve the minutes of the March 18, 2019 meeting and to dispense with the reading. Motion carried. PUBLIC FORUM Vice Mayor Fox opened the public forum section of the meeting. Fox recognized Randy Vernon, who expressed concerns about the proposed zoning of recently annexed property on Lonesome Valley Road (R ), including: economic impact of commercial development on property values, drainage and riverbank erosion, and road safety due to lack of adequate infrastructure for commercial traffic. There being no further comments, the public hearing was closed. There being no further comments, the public forum was closed. REPORTS Vice Mayor Fox recognized Michael McCroskey with Barnes Insurance, who reviewed the selfinsured health plan results for the past 12 months and stated that the plan has experienced a $1.4 million expense decrease as a result of targeted savings and favorable claims experience. COMMUNICATIONS The Board noted the following community events: Smokies Baseball Opening Night April 4 th Smokies Stadium Food City Race Night April 4 th Convention Center Main Fire Station Ribbon Cutting April 5 th Sevierville OLD BUSINESS

4 Vice Mayor Fox presented and placed for passage an ordinance O entitled AN ORDINANCE TO AMEND SECTION OF THE SEVIERVILLE MUNICIPAL CODE. Russell Treadway noted that the ordinance was drafted to correct an erroneous TCA citation and to correct an error in the duties of the Board of Public Utilities. A motion was made by Alderman McGill and seconded by Alderman Helton to approve the ordinance as presented and to dispense with the reading. Those voting Yes: Fox, Helton, McCroskey, McGill. Those voting No: None. Fox declared the ordinance passed on second reading. Vice Mayor Fox presented and placed for passage an ordinance O entitled AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF SEVIERVILLE, TENNESSEE, AS SET FORTH IN SEVIERVILLE MUNICIPAL CODE, SECTION , TO PLACE THE VISITOR ACCOMMODATIONS (VA/V-1) DISTRICT DESIGNATION UPON PROPERTY ON LONESOME VALLEY ROAD (PROPERTY INCLUDED IN ANNEXATION RESOLUTION R ). The Board inquired about a potential meeting between property developers and area residents to address concerns. Fox recognized Gary Norvell, with Norvell & Poe who stated that there are no hard-core development plans at this time as they are dependent upon zoning. The Board advised Norvell that the ordinance would most likely be deferred on third reading pending a meeting to discuss concerns. A motion was made by Alderman McCroskey and seconded by Alderman Helton to approve the ordinance as presented and to dispense with the reading. Those voting Yes: Fox, Helton, McCroskey, McGill. Those voting No: None. Fox declared the ordinance passed on second reading. NEW BUSINESS Vice Mayor Fox recognized Joseph Manning, who requested approval to purchase 23 Point Blank ballistic vests under exigent circumstances from Galls Safety equipment in the amount of $19, A motion was made by Alderman McCroskey and seconded by Alderman McGill to approve the purchase as presented. Motion carried. Vice Mayor Fox recognized Joseph Manning, who requested approval to purchase a police operations vehicle under state contract in the amount of $22, Manning noted that the vehicle would be purchased using money from the SPD Drug Fund. A motion was made by Alderman Helton and seconded by Alderman McGill to approve the purchase as presented. Motion carried. Vice Mayor Fox recognized Joseph Dodgen, who presented supplemental agreements for the CMAQ Traffic Signal Project with Cannon & Cannon, Inc. in the amounts of $42, (budget supplemental agreement 4) and $64, (budget supplemental agreement 5). Dodgen stated that the agreements are related to additional ADA requirements and that the City remains in negotiations to secure additional federal and state funding. A motion was made by Alderman McGill and seconded by Alderman Helton to approve the agreements as requested. Motion carried Vice Mayor Fox recognized Joseph Dodgen, who presented change order #1 to the Davis H. Elliot Construction Company contract for traffic signal upgrades in the amount of $2, for a new total contract amount of $398, Dodgen stated that the change order is related to additional engineering design for repurposed poles. A motion was made by Alderman McCroskey and seconded by Alderman McGill to approve the change order as requested. Motion carried Vice Mayor Fox recognized Lynn McClurg, who requested approval and/or ratification of the following expenditure(s) in excess of $5,000.00: 1. Pike Creek Turf Golf course sod $5, Low price 2. Shoemakers Fence Community Center gate $7, Low price 3. Deere & Co. Golf front loader $ Incremental 4. Yamaha Golf Car Co. Wrecked lease carts $5, Contractual 5. Employee benefits Benefits package $30, Prof. services

5 A motion was made by Alderman Helton and seconded by Alderman McGill to approve the expenditure(s) as presented. Motion carried. There being no further business to discuss, the meeting adjourned at 6:39 PM. Approved: Attest: Robert W. Fox, Vice Mayor Lynn K. McClurg, City Recorder

6 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider approval of Ordinance O rd reading - An Ordinance to Amend Section Of The Sevierville Municipal Code. RESPONSIBILITY: Russell Treadway, City Administrator PRESENTATION: In reviewing the Municipal Code, we discovered an error in Section regarding the duties of the Board of Public Utilities (Power Board) and an erroneous citation to the Tennessee Code Annotated. This ordinance corrects those errors. REQUESTED ACTION: Approval of ordinance on third reading. 1

7 ORDINANCE NO. O AN ORDINANCE TO AMEND SECTION OF THE SEVIERVILLE MUNICIPAL CODE WHEREAS, Section of the Sevierville Municipal Code contains an erroneous description of the duties of the Board of Public Utilities, and an erroneous citation to the Tennessee Code Annotated; and WHEREAS, the Board of Mayor and Aldermen of the City of Sevierville, Tennessee, deem it necessary and desirable to amend Section of the Sevierville Municipal Code correct said errors. NOW, THEREFORE, be it ordained by the BOARD OF MAYOR & ALDERMEN of the CITY OF SEVIERVILLE, TENNESSEE, that Section of the Sevierville Municipal Code is hereby amended by deleting the first paragraph of said section and replacing it with the following: Board of Public Utilities to supervise and control. A Board of Public Utilities shall be constituted and appointed as provided in Tennessee Code Annotated , to have supervision and control of the construction and operation of the electric system of the City of Sevierville. The Board of Public Utilities shall have such powers and duties and shall be subject to such limitations as are prescribed in Tennessee Code Annotated , except that the Board of Public Utilities shall have no power or authority over waterworks, sewerage works, or gas systems. This Ordinance shall take effect five (5) days from and after its final passage, the public welfare requiring it. ATTEST: APPROVED: Robert W. Fox, Vice Mayor Lynn K. McClurg, City Recorder Passed on 1 st reading: 03/18/2019 Passed on 2 nd reading: 04/01/2019 Passed on 3 rd reading: 2

8 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider Adoption of Ordinance O rd reading RESPONSIBILITY: Dustin Smith, Interim Development Director PRESENTATION: As presented in the Staff report attached, Apple View Acres Self Storage, LLC requested zoning of Visitor Accommodation (VA/V-1) be placed on their property recently approved for annexation into the City of Sevierville by R A meeting has been set for Friday, April 12 th between concerned surrounding property owners, the designers, the developer, and City staff. REQUESTED ACTION: Adoption of O on 3 rd reading pending the outcome of the April 12 th meeting. 3

9 ORDINANCE NO. O AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF SEVIERVILLE, TENNESSEE, AS SET FORTH IN THE SEVIERVILLE MUNICIPAL CODE, SECTION , TO PLACE THE VISITOR ACCOMMODATIONS (VA/V-1) DISTRICT DESIGNATION UPON PROPERTY ON LONESOME VALLEY ROAD (PROPERTY INCLUDED IN ANNEXATION RESOLUTION NO. R ) BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF SEVIERVILLE, TENNESSEE, THAT: SECTION 1. The Zoning Map of the City of Sevierville, Tennessee be hereby amended by placing upon property on Lonesome Valley Road, the designation of Visitor Accommodations (VA/V-1) District, as shown on the map attached hereto. SECTION 2. This ordinance shall become effective upon the effective date of the annexation resolution incorporating this same property into the City of Sevierville, the public welfare requiring it. APPROVED: Robert W. Fox, Vice Mayor ATTEST: Lynn K. McClurg, City Recorder Passed on 1 st reading: 03/18/2019 Passed on 2 nd reading: 04/01/2019 Passed on 3 rd reading: 4

10 Development Department Staff Report RE: Zoning of Annexation of Properties on Lonesome Valley Road Petitioners: Apple View Acres, Self Storage, LLC, C. Randy Massey, Chief Manager Staff: Dustin Smith, Judi Forkner Tax ID Number(s): Map 72, Parcels , , and Current Zone: County R-1, Rural Residential Requested Zone: V-1, Visitor Accommodations (VA) Area and Number of Parcels: 25.5 acres +/-; 3 parcels Current Use: Self-storage units and agriculture Proposed Use: Notification: Notification of the City s intention to annex the referenced properties will be provided in accordance with applicable provisions of , Tennessee Code Annotated (TCA) Exhibits: Map and conceptual plan for a portion of the proposed annexation area Request To zone 25.5 ac. +/- of annexed property as Visitor Accommodations District (VA/V-1) Background A petition requesting annexation of the parcels identified in this report has been submitted by the petitioner noted in this report. Staff Comments As reported at the February 7, 2019 Planning Commission meeting, the three parcels proposed for annexation lay in the center of a peninsula formed by the adjacent river. The eastern and western portions of the peninsula lay within the City limits and are zoned Visitor Accommodations District (VA/V-1). It is anticipated that a portion of the proposed annexation area and the western portion of the peninsula will be combined for development as a recreational vehicle park. The property proposed for annexation is currently zoned as County R-1, Rural Residential District. The property to the north of the annexation area is zoned High Density Residential (HDR/R-3) and Visitor Accommodations District (VA/V-1). The property to south and southwest across the river is inside the City of Pigeon Forge and is zoned C-4, Planned Unit Commercial District, C-6 Mixed Use Commercial District, and R-1, Low Density Residential District. Much of the property proposed for annexation also lies within the flood hazard area or floodway and those portions of the site will also acquire the Flood Overlay District (FLO/FP-1) within which the provisions of the City s Flood Damage Prevention Ordinance upon the effective date of annexation. Public Comments Concern as to what the intended use of the property will be. Staff Recommendation Given that the annexation area is bordered by a Visitor Accommodations District (VA/V-1) on its eastern and western boundaries and that a plan has been proposed to use a portion of the annexation area and the existing Visitor Accommodations District (VA/V-1) to the west as a site for a recreational vehicle park, an allowable use in this district, the staff recommends approval of placement of the Visitor Accommodations District (VA/V-1) upon the annexation area and the FP-1, Flood Overlay District (FLO) on the flood hazard and floodway portions of the annexation area upon the effective date of the annexation ordinance. 5

11 AE PARKWAY PARKWAY Low Density Intermediate Residential Proposed Commercial Visitor Accommodations Zone O LOUISE MANDRELL APPLE VIEW LONESOME VALLEY AE APPLE VIEW APPLE VIEW LONESOME VALLEY RIVER PLACE Visitor Accomodations High Density Residential ORCHARD VALLEY MUSIC MUSIC PINOAK VIEW Visitor Accomodations WIER FARM AE MULLENDORE HICKORY CHERRY MERIWETHER HENDERSON FENWAY MEADOWBROOK Legend SUNSET Proposed Zoning City Zoning APPALACHIA Sevierville City Limits PLAZA HENDERSON CHAPEL CHAPEL VIEW SHILOH SHILOH Pigeon Forge City Limits Parcels 6 HENDERSON SHOWPLACE

12 Low Density Residential Intermediate Commercial Proposed Visitor Accommodations Zone O LONESOME VALLEY DRELL LOUISE MAN AP PL EV IEW Visitor Accomodations APP VIEWLE AE EW High Density Residential AP PL E VI OR C VA HA LL R D EY LO NE RIV SO ME ER PL VA LL AC E E MUSIC PIN VIE OAK W MUSIC Y R PARKWAY AE W IE FA RM PARKWAY Visitor Accomodations MU LL EN DO RE AE CH ER RY FE NW AY HIC KO RY SO ER ND HE L PE HA NC V EL AP CH IE W ET HE R HE ND ER SO SHI LO H PLAZA SUNSET Proposed Zoning ME AD OW BR OO K City Zoning ACHIA AL APP Sevierville City Limits Pigeon Forge City Limits CE N SHILOH ME RIW Legend Parcels SO ER ND HE N PL OW SH 7 A

13 Board Memorandum DATE: April 15, 2018 AGENDA ITEM: Consider approval of Ordinance O st reading An Ordinance to Amend the Zoning Ordinance of the City of Sevierville, Tennessee, to update, reformat, and replace Chapter 6 Signs. RESPONSIBILITY: Dustin Smith, Interim Development Director PRESENTATION: Over discussions on Zoning Ordinance updates between staff and the Planning Commission members, it was determined changes to our sign regulations are needed. A Planning Commission workshop with staff and sign designers was held on March 7, 2019 to discuss the proposed changes. Following the workshop, the necessary changes requested were made and the Planning Commission unanimously approved the changes at the April 4, 2019 meeting. What is being proposed provides more equality in sign size determinations by basing sign square footages off of road type and development size as opposed to speed limits. Additionally, in an effort to provide a more aesthetic and visually pleasing design incentives to construct a monument sign over a pole sign have been included. The creation of the opportunity to invoke a master sign plan will allow for signage opportunities previously not present for deep property development. Recent Supreme Court rulings affecting sign regulation have also been taken into consideration and incorporated in the changes. By reformatting the chapter, it has also greatly reduced the size and convolution to create a much easier to follow and understand document. REQUESTED ACTION: Passage of the ordinance on 1 st reading. 8

14 ORDINANCE NO. O AN ORDINANCE TO AMEND CHAPTER 6.0 SIGNS, OF THE ZONING ORDINANCE OF THE CITY OF SEVIERVILLE, TENNESSEE WHEREAS, the Tennessee Code Annotated (TCA), Section , grants municipalities the authority to adopt zoning requirements for the purposes of the public health, safety, morals, convenience, order, prosperity, and general welfare; and WHEREAS, Sections through 204 of the TCA provide for the regulation of buildings, structures, and land according to zoning district, and, provide for the amendment of zoning requirements according to certain procedures; and WHEREAS, this ordinance is an amendment to the zoning ordinance intended to enhance the public safety and convenience, NOW THEREFORE, BE IT ORDAINED, by the BOARD OF MAYOR AND ALDERMEN OF THE CITY OF SEVIERVILLE, TENNESSEE, that: Section 1. Chapter 6.0 Signs, is hereby amended by deleting the text and illustrations in its entirety and substituting therefor the following attached document: Attachment A. Section 2. This ordinance shall become effective five (5) days from and after its final passage, the public welfare requiring it. Approved: Robert W. Fox, Mayor ATTEST: Lynn K. McClurg, City Recorder Passed on 1 st reading:, 2019 Passed on 2 nd reading:, 2019 Passed on 3 rd reading:,

15 Attachment A SEVIERVILLE ZONING CODE SIGNS 6.1 Purpose 6.2 Sign Requirements 6.3 Sign Types 6.4 On-Premise, Permanent 6.5 On-Premise, Temporary 6.6 Off-Premise, Permanent 6.7 Off-Premise, Temporary 6.8 Electronic Message Boards 6.9 Signage for Specific Zones 6.10 Master Sign Plan 6.1 Purpose Purpose. The purpose of this section is to establish reasonable standards for the location of signs within the City in order to: a. Facilitate commerce and protect property values; b. Reduce traffic hazards; c. Prevent the accumulation of visual clutter; d. Encourage an attractive community appearance; e. Generally protect the health, safety, and public welfare; f. Accommodate the rights of individuals to freedom of speech and promote equity among businesses and other typical sign users; and g. Enable the fair and consistent enforcement of sign standards Compelling Interest. Preventing the proliferation of signs of generally increasing size, dimensions, and visual intrusiveness (also known as sign clutter ) that tends to result from property owners competing for the attention of passing motorists and pedestrians, because sign clutter: a. Creates visual distraction and obstructs views, potentially creating safety hazards for motorists, bicyclists, and pedestrians; b. May involve physical obstruction of streets, sidewalks, or trails, creating public safety hazards; c. Degrades the aesthetic quality of the City, making the City a less attractive place for residents, business owners, visitors, and private investment; and d. Dilutes or obscures messages on individual signs due to the increasing competition for attention Maintaining and enhancing the character of the community Protecting the health of the City s tree canopy, an important community asset that contributes to the character, environmental quality, and economic health of the City and the region Maintaining a high quality aesthetic environment to protect and enhance property values, to leverage public investments in streets, sidewalks, trails, plazas, parks, open space, civic buildings, and landscaping, and to enhance community pride Protecting minors from speech that is harmful to them according to state or federal law, by preventing such speech in places that are accessible to and used by minors Findings. The City finds that: Content neutrality, viewpoint neutrality, and fundamental fairness in regulation and review are essential to ensuring an appropriate balance between the important, substantial, and compelling interests set out in this Chapter and the constitutionally protected right to free expression DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

16 Attachment A 108 SEVIERVILLE ZONING CODE The regulations set out in this Chapter are a. Address signs unrelated to the suppression of constitutionally protected free expression, do not relate b. Mail box signs to the content of protected messages that may be displayed on signs, and do not relate to the viewpoint of individual speakers. 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX The incidental restriction on the freedom of speech that may result from the regulation of signs pursuant to this article is no greater than is essential to the furtherance of the important, substantial, and compelling interests that are set out in this article Regulation of the location, number, materials, height, sign area, form, and duration of display of temporary signs is essential to preventing sign clutter Temporary signs may be degraded, damaged, moved, or destroyed by wind, rain, snow, ice, and sun, and after such degradation, damage, movement, or destruction, such signs harm the safety and aesthetics of the City s streets if they are not removed Certain classifications of speech are not constitutionally protected due to the harm that they cause to individuals or the community. 6.2 Sign Requirements Permit Required. Unless otherwise exempt, it shall be unlawful for any person to erect, locate, or otherwise establish any sign described in this section except in conformity hereto. Certain signs shall require permits and certain signs are exempt from permitting but are required to meet the conditions of this section Prior to the construction or installation of a sign regulated under this ordinance, the applicant or his designee shall make application, pay the appropriate fee, and receive a permit authorizing such work Signs Exempt from Permitting Residential use signs. Signs not exceeding two (2) square feet in area that are not of a commercial nature, such as: c. Signs posted on private property relating to private parking or warning the public against trespassing or danger from animals Signs associated with public bodies, public and private universities and schools. Such signs include: a. Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs b. The temporary use of displays which include, but are not limited to, promotional signs, decorations, lighted displays and/ or decorations and supporting structures and similar activities, by or for governmental entities c. Official signs of a noncommercial nature erected by public utilities d. Flags, pennants, or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device Signs designating historic resources Vehicle signs painted on or attached to currently licensed motor vehicles that are not primarily used as signs, are parked in a legal space and not parked adjacent to the street, on a regular basis, and are street legal with the sign affixed Temporary real estate signs located on the premises which is for sale or rent no larger than 32 square feet for commercial zones, 16 square feet for residential zones 1 acre or greater, and 3 square feet for residential zones less than 1 acre Temporary displays, including lighting erected in connection with the observance of holidays in accordance with the adopted 11 calen-

17 Attachment A SEVIERVILLE ZONING CODE dar associated with the holiday Campaign signs (See Section for regulations) Construction signs associated with land development or building construction provided such signs are no larger than 32 square feet in size, do not exceed eight feet in height, and number not more than two per project. Such signs shall be displayed no sooner than 60 days prior to the commencement of construction and shall be removed within 10 days of completing construction Carport, garage, and yard sale signs not exceeding four square feet in size or four feet in height located on the site of sale and placed not more than three days in advance of the sale and removed within one day of the completion of the sale Signage that is coordinated with the City as part of their overall wayfinding program shall not count as directional signage and may be installed as per agreement with the City Public art or murals not containing a commercial message and approved through the public art process Employment signs Prohibited Sign Types Signs not listed in Table 6.1, Sign Types Established, are prohibited inclusive of, but not limited to, the following: a. Off premises signs except as provided for, such as auction signs b. Signs on vehicles, except as provided in Section c. Roof signs d. Drone signs e. Mobile off premises signs /billboards f. Digital off premises signs /billboards g. Distracting, interfering, or confusing signs h. Animated or moving signs, including sign walkers, mechanically driven signs or signs with moving parts. (1.) Signs that cause odor or sound emission. (2.) Moving billboard signs. (3.) Wind signs (pennants, streamers, balloons, whirligigs, adverflags or similar devices) or flutter flags, unless otherwise allowed by this chapter. i. Portable and Temporary Digital Signs (1.) Signs that are classified as portable signs. (2.) Video display or digital signs used as temporary signage Methods of Compliance In the determination of maximum size of signs, the Development Director may consider a ten (10) percent alteration in signs of fifty (50) square feet or less and a five (5) percent alteration in signs of fifty (50) square feet or more, provided that such alteration is necessitated by an unusual or exceptional situation Location of Sigange All signage shall be positioned so as to avoid or minimize sight line conflict with any other established sign No easement shall be permitted exclusively for the use of signage Signage shall not be: a. Located in the right-of-way or on other public property without approval of the City, nor shall any part of any sign be located no closer than 5 feet to any property line. b. Placed on private property without the consent of the owner or authorized agent of the owner of such property. c. Located in or overhanging a utility easement. d. Within a clear sight triangle. (See diagram below) DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

18 Attachment A 110 SEVIERVILLE ZONING CODE safety considerations. 1.0 GENERAL PROVISIONS d. That obstructs firefighting or fixed police surveillance via photographic or video technology. 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX e. Attached to utility poles, other utility or public infrastructure or structures, equipment, or wireless communication facilities Sign separation. Minimum separation of detached signage is 75 feet. If this condition is unable to be met, signage shall be placed as remotely as possible from other detached signage Creation of a hazardous condition. Signs may not be placed in such a way: a. That creates conflict with traffic control signs, signals, or various private signs resulting in vehicular or pedestrian safety hazards, including any sign placed at any location where it may, by reason of its size, shape, design, location, content, coloring, or manner of illumination, constitute a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, by obscuring or otherwise physically interfering with any official traffic control device, or that may be confused with an official traffic control device. b. That creates a danger to the public during periods of inclement weather or high winds due to their location or the manner in which they are placed. c. That creates a hazard due to collapse, fire, collision, decay, abandonment, or other e. That are improperly mounted or installed, such as signs attached to a standpipe, gutter drain, unbraced parapet wall, or fire escape, unless the safety of such sign and such mounting has been verified in writing by a structural engineer licensed to practice in the state Content. No sign shall be approved or disapproved based on the content or message it displays, except that the following content, without reference to the viewpoint of the speaker, shall not be displayed on signs: a. Text or graphics that is harmful to minors as defined by state or federal law; b. Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats, as such words and phrases are defined by controlling law; c. Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs; d. Signs that provide false information related to public safety (e.g., signs that use the words stop or caution or comparable words, phrases, symbols, or characters) that are presented in a manner as to confuse or imply a safety hazard that doesn t exist; or e. Text or graphics that provide false or misleading information in violation of this code Measuring Message Area The sign message area shall mean the area of all lettering, wording, and accompanying designs, logos, and symbols. The area of a sign shall not include any non-commercial supporting framework or bracing which is incidental to the display, provided that it does 13

19 Attachment A SEVIERVILLE ZONING CODE 111 not contain any lettering, wording, or symbols The area of a two-dimensional sign is measured by encompassing the advertising display surface area within any combination of geometric figures (e.g., rectangles, squares, triangles, parallelograms, circles or ellipses), having no more than eight sides, that would enclose all parts of the sign Sign copy mounted, affixed, or painted on a background panel or area distinctively painted, textured, or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest geometric figure that will enclose both the sign copy and the background Sign copy mounted as individual letters or graphics against a wall, fascia, or parapet of a building, or surface of another structure, that has not been painted, textured, or otherwise altered to provide distinctive background for the sign copy, is measured as a sum of the smallest geometric figure that will enclose each word and each graphic in the total sign. Window signs printed on a transparent film and affixed to a window pane shall be considered freestanding letters or logos, provided that the portion of the transparent film around the perimeter of the sign message maintains the transparent character of the window and does not contain any items in the sign message Sign copy mounted, affixed, or painted and on an illuminated surface or illuminated element of a building or structure, is measured as the entire illuminated surface or illuminated element which contains sign copy. Such elements may include, but are not limited to: lighted canopy fascia signs; cabinet signs; or interior lighted awnings Only one (1) side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45 degrees, and the two affixed faces are not more than 18 inches apart at the narrowest end Where the faces are not equal in size, but the interior angle formed by the faces is less than 45 degrees and the two affixed faces are not more than 18 inches apart, at the narrowest end the larger sign face shall be used as the basis for calculating sign area When the interior angle formed by the faces is greater than 45 degrees, or the affixed faces are greater than 18 inches apart at the narrow end, all sides of such sign shall be considered in calculating the sign area Building frontage shall be determined by the location of the primary building entrance or the side facing the highest classified roadway at the permittee s option The sign area of three dimensional (3D) free form or sculptural (non-planar) signs is calculated by using the largest planar section as seen from the public travel area Maintenance of Signs All signs and components thereof, including supports, braces, and anchors, shall be maintained in like-new condition A sign shall be considered abandoned if use of the sign is discontinued for a period of six months If a sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer op DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

20 Attachment A 112 SEVIERVILLE ZONING CODE 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS TABLE 6.1 PERMITTED SIGNS BY ZONING DISTRICT = Permitted =Master Sign Plan = Not permitted Sign Types AR (A-R) LDR (R-1) MDR (R-2) HDR (R-3) TC NC (C-2) Zone IC (C-3) AC (C-4) IN (M-1) HRO TCL (C-5) On Premises Signs - Attached Wall Window Canopy Structural Canopy Projecting On Premises Signs - Detached Monopole Pole Monument Detached Wall Public Directory Private Directory Destination Arrival Directional Menu Board Entrance/Exit On Premises - Temporary A-Frame Promotional Signage Window Off Premises - Permanent Off-Premise Directional Sign (Non-commercial) Subdivision Billboard Billboard, Digital Off Premises - Temporary Campaign Auction VA (V-1) IIO (II-1) APPENDIX 15

21 a. The sign contemplated in the permit is not constructed within six months of per- Attachment A SEVIERVILLE ZONING CODE erating or being offered or conducted, that mit issuance, sign shall be considered abandoned after six months and the sign and its supporting structure shall be removed The immediate area around a free-standing sign shall be kept clear of all debris and maintained by the landowner, or by the sign owner as agent of the landowner, in an attractive manner The Development Director may cause to be removed any sign on which the advertising message becomes illegible in whole or in part or has been determined to be abandoned in accordance with Section or Sign Materials and Construction. Every sign shall be: constructed of durable materials, using non-corrosive fastenings; shall be structurally safe and erected or installed in strict accordance with the currently adopted International Building Code; and, shall be maintained in safe condition and in good repair and so that all sign information is clearly legible Landscaping. Landscaping for a detached sign, both monument and pole, shall be required. The landscape standards in Section 4.12, as they relate to materials and installation methods, shall be employed. a. Where it is the desire of a property owner to integrate a detached sign into the front landscape edge of a site, such shall be noted on a site landscape plan. b. In the instance where, over time, a landscape material grows in such a way as to interfere with the sign copy, the property owner shall, prior to removing such material, provide a revised sign landscaping plan to the Development Director for approval Permits issued under this article shall lapse if any of the following conditions are met, and a sign otherwise in compliance with this article shall be in violation upon lapse of the permit authorizing it: 6.3 Sign Types b. The permitted sign is abandoned, c. The business associated with a sign allows its City business license to expire or the business license is revoked. On-premises signage will be divided into two types, attached and detached signage. Attached signage is defined as signage attached to a structure that is more than supporting structure for the sign itself. Detached signage consists of signs that use a separate supporting structure to hold the sign and serves no other purpose for the development besides holding the sign. (See Table 6.1) 6.4 On-Premise, Permanent Attached The primary attached signage shall be calculated from permitted wall signage. At the business s selection, signage may consist of any other types of attached signage but will be subtracted from total allowable signage to arrive at the available wall signage. Attached signage consists of the following types: Zoning District NC (C-2), IC (C-3), AC (C-4) NC (C-2), IC (C-3), AC (C-4) NC (C-2), IC (C-3), AC (C-4) LDR (R-1), MDR (R- 2), HDR (R-3), TC, TCL (C-5), VA (V-1), IN (M-1_) Allowable Attached Sign Area Building (or Tenant Space) Frontage Widths of less than 49 Square feet of attached signage permitted 4 square feet per lineal foot square feet per lineal foot Over square feet per lineal foot 2 square feet per lineal foot Wall a. Definition: A sign painted on or attached and parallel to a wall of a building in such a manner DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

22 Attachment A 114 SEVIERVILLE ZONING CODE that the wall is the supporting structure. of the sign and may not be higher than 20 feet from the ground or the edge of the roof line of the building, whichever is lower. Only 1 projecting sign may be used on any face of a building. 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX b. Standard: A wall sign shall not project above the roofline of the structure, except on parapet walls. The calculation of amount of wall signage is shown in the Allowable Attached Sign Area chart above. The area shall be computed on one street only for double frontage conditions, but total wall sign area may be divided between the walls on each street frontage Window a. Definition: A sign applied or attached to a window so as to attract the attention of persons outside the building. b. Standard: No more than 20% of a window pane may be used for sign message area, whether interior or exterior, including interior signs within three feet of the window. Any signage over 20% shall be counted towards maximum allowed attached sign area. c. No more than 50% may be covered with opaque coverings Canopy a. Definition: A sign that is printed on, painted on, or otherwise attached to an awning or canopy that is attached to a building wall. b. Standard: No more than 40% of any awning or canopy may contain commercial messaging Structural Canopy a. Definition: A sign on a covering for a fuel island upon which graphics and/or other related commercial copy is placed. b. Standard: No more than 20 square feet on any one side of a Structural Canopy may contain commercial messaging. Only the sides that are visible from the road frontage shall count in calculating Structural Canopy signage Projecting a. Definition: A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. b. Standard: A projecting sign may not be larger than 20 square feet. The projecting sign may not extend beyond 1 foot behind (towards the building) the face of the curb. The sign must be at least 8 feet from the ground to the bottom Detached For all commercial zones except the Town Center (TC), Historic Residential/Office (HRO), and Tourist Commercial (C-5), the classification of the road on which the property or development sits shall guide the number, size, and regulation of the signage. The Road Classification Map may be found in the Appendix of this ordinance or at Unless otherwise permitted, each development site may have one detached pole or monument sign. The maximum allowable sign area shall be determined in accordance with the Allowable Detached Sign Area chart below. Where a particular sign type is not permitted on the specific class of road or size of development, the development may choose to follow the size requirements at the next lowest square footage to accommodate their needs. For a development which has frontage on two arterials or one arterial and a major collector, has two entrances, and more than 1,000 feet of frontage, pole or monument signs may be used on each street. Where the development falls below the height of the travelled roadway, the measurement of the height of a detached sign shall be measured from the center of the nearest travel lane. In all other cases, the sign shall be measured from the base ground elevation, without augmentation Pole a. Definition: Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space of greater than 18 inches between the ground and the sign face and not attached to any building or any other structure. 17

23 Attachment A SEVIERVILLE ZONING CODE area. b. Standard: Developments shall be classified as Small, Medium, Large, and Extra-Large developments. The determination of size classification shall be driven by the minimum number of required parking spaces for the development, accumulated for all use types for which the sign is provided. No pole sign shall exceed 25 feet in height. c. See Allowable Detached Sign Area chart below. Up to ten (10) percent of the allowable square footage for a free standing pole sign may be composed of a fixed interval changeable message. The changeable message shall be of a single color, non-flashing with a maximum character height of 18 and maximum width of six characters per line and no more than four lines. The minimum interval for a changeable message sign to change is daily Monument a. Definition: Any sign which is neither attached to nor part of another structure and which is permanently affixed in or upon the ground or upon a horizontal base feature. b. Standard: Developments shall be classified as Small, Medium, Large, and Extra-Large developments. The determination of size classification shall be driven by the minimum number of required parking spaces for the development, accumulated for all use types for which the sign is provided. See Allowable Detached Sign Area chart below. No monument sign shall exceed 20 feet in height. c. The supporting structure, architectural detailing, and amenities for a monument sign shall be not less than 33% of maximum allowable sign Arterial Major Collector Minor Collector Local Development Size Classification Classification Minimum Number of Parking Spaces Small Less than 25 Medium Large Extra Large 401 or greater Allowable Detached Sign Area Small Med Lrg XL Monument Pole X Monument Pole X Monument X Pole X Monument X X Pole X X Detached Wall a. Definition: A sign which is mounted on an otherwise required retaining wall. b. Standard: A detached wall sign may take the place of a monument or pole sign. The maximum allowable square footage shall be the same as the allowable sign area under the monument size requirements Public Directory a. Definition: A directional sign placed within a public right of way within City-designated areas having a concentration of lodging and touristrelated commercial and amusement uses, institutional uses, or historic resources for the benefit of the traveling public. b. Standard: Signage that is placed within the public right of way may contain advertisements for the area businesses contained within the area covered by the directory. A public directory sign may not advertise any location which is not covered by the directory, even if the corporate offices are located within the covered area. The number of directory signs are at the sole discretion of the City Private Directory DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

24 Attachment A 116 SEVIERVILLE ZONING CODE a. Definition: A sign and/or directional signage the traffic patterns prior to installation. which is off of the public right of way and is not visible from the travel lanes of the public roadway. Maximum Size and Number 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX b. Standard: Signage for the appropriate flow of travel shall be presented to the Development Director for review and approval. Small logos identifying businesses may be used in conjunction with such directional signage but may not be visible from the street or obstruct traffic at intersections or pedestrian walkways Directional a. Definition: A permanent sign, internal to a development, utilized for the purposes of indicating the direction of any object, place or area. b. Standard: Directional signage may not be larger than 4 square feet and shall be placed in such a manner as to avoid traffic impact or visibility. Signage that is coordinated with the City as part of their overall wayfinding program shall not count as directional signage and may be installed as per agreement with the City Menu Board a. Definition: A sign displaying food items and prices to patrons in vehicles in a drive-thru lane for food pick-up. b. Standard: Whenever possible, menu boards shall be oriented away from visible traffic. When not possible, menu boards shall be screened from public view by natural vegetation. If natural screening is not possible, then the square footage of the illuminated area shall count towards the overall amount of detached signage which is permitted for the development Entrance/Exit a. Definition: A small sign placed in close proximity to a point of ingress/egress to direct vehicles onto and off of a site. b. Standard: Where an entrance sign is determined to be necessary and appropriate to good traffic flow by the traffic engineer, an entrance/exit sign may be placed at the appropriate location on each adjacent road. The maximum square footage is found in the Maximum Size and Number chart below. The set back from the right-ofway shall be 5 feet. The Development Director may approve additional signs based on needs of Number of Businesses Max Size Number 1 4 sq ft sq ft 1 per entrance 3 or more 8 sq ft 1 per entrance Subdivision a. Definition: A permanent on-premise sign identifying a residential subdivision, apartment complex, or other residential complex that are not overnight rentals. b. Standard (1.) Subdivision entry signs may be attached to a wall at the subdivision entrance or on a monument sign. (2.) Attached Signs may not project above the top of the wall on which they are attached. (3.) The maximum sign area is thirty-two (32) square feet for attached signs. (4.) Only one monument sign or two attached signs may be placed at each subdivision entrance. A monument sign may have the subdivision name on both sides. (5.) Monument signs may be located in the median at the street entrance if approved by the City in an approved plat, within a developer s agreement, or by separate approval of the Board of Mayor and Aldermen. 6.5 On-Premise, Temporary A-Frame a. Definition: A sign consisting of two sign faces placed together at an angle of 90 degrees or less to form an A shape that tapers from a wide base to a narrow top. b. Standard: A-frame signs shall be no higher than three feet, no wider than three feet, and shall be placed so they do not interfere with or impede the flow of pedestrian movement. Only one such sign is allowed per tenant space. May not 19 be dis-

25 Attachment A SEVIERVILLE ZONING CODE played during times the establishment is closed. twenty-five feet (25 ) measured from ground Promotional Signage a. Definition: Promotional Sign means any type of sign used for special promotions including, but not limited to, grand openings, temporary window signs, anniversary celebrations, sales, City permitted special events and other such events b. Standard: Businesses that erect signs under the provisions of this Section shall not display a sign that states Going out of Business, Quitting Business or similar message more than one time for ninety (90) days maximum. Promotional signs are subject to the following regulations: (1.) All promotional signage requires a permit. A maximum of four (4) permits are allowed for each business per calendar year. A separate permit is required for each thirty-day period promotional signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer, banner, etc. (2.) Promotional signage is limited to 10% of allowable attached signage. (3.) Promotional signage may include any legal signs allowed by this ordinance. (4.) Promotional signage is allowed for four, thirty (30) day periods each calendar year per legal business subject to the following: (a.) A thirty (30) day period will commence on the first day promotional signage is displayed. (b.) The four, thirty (30) day periods shall not occur in the same or consecutive months. (c.) In the case of a special promotion for a grand opening celebration or a going out of business event, one permit may be extended to a ninety (90) day period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. (5.) Any device described as promotional signage shall not exceed an overall height of (6.) The following setbacks apply. However, the setbacks may be increased for any promotional signage found by the City to block traffic visibility or constitute a traffic hazard. (a.) Fifteen feet (15 ) from street right-of-way. (b.) Forty feet (40 ) from property lines other than those property lines fronting the street right-of-way. 6.6 Off-Premise, Permanent Community service signage for groups not charging for their services shall be permitted on private property adjacent to major streets designated on the Sevierville Zoning Map subject to the following: Not more than two (2) signs for each activity group shall be permitted The signs shall not exceed eight (8) square feet, be less than six (6) feet above ground surface and shall not exceed nine (9) feet in height Plans and locations for these signs shall be approved by the Planning Commission prior to issuance of a sign permit Billboard a. Definition: An off-premise outdoor advertising sign, or part thereof, which possesses a display area, face or panel which advertises, displays, or gives direction to any business, product, service, attraction, event, or any other purpose or interest other than the site or property where the sign is located or positioned. b. Standard: No (existing) billboard shall exceed forty- four (44) feet in overall height measured from the supporting structure or from the average grade of the supporting structures when two or more structures support the sign. No new billboard, digital billboard, or conversion of a billboard to a digital billboard shall be allowed or permitted Billboard, Digital a. Definition: Any type of billboard that utilizes digital message technology, capable of changing DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

26 Attachment A 118 SEVIERVILLE ZONING CODE the static message or copy on the sign electronically. It is a changeable message sign which dis- than five (5) feet from any right of way. plays a series of messages at intervals through One or more signs for a specific auction may the electronic coding of lights or light emitting be erected no more than twenty-one (21) diodes or any other means that does not use or days prior to the occurrence of the auction require mechanical rotating panels. and removed within three (3) days of the auction s conclusion. 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING b. Standard: No new billboard, digital billboard, or conversion of a billboard to a digital billboard shall be allowed or permitted. 6.7 Off-Premise, Temporary Campaign: Signs in support of a candidate in the next scheduled local, state, or federal election are allowed within the City in accordance with the following conditions: One (1) campaign sign per candidate may be located on private property at least 5 feet from any public street right of way Campaign signs are not permitted on public street right of way, nor on public property Campaign signs may be posted thirty (30) days prior to an election, and, shall be removed by the owner of the property no later than ten (10) days after an election No permit nor fee is required for placement of a campaign sign, unless such sign is placed on a permanent sign structure, in which case, the owner of the sign structure shall notify the Building Official and any permits or fees applied for a change in copy as would be applied for a change of copy not related to an election campaign A permit from the Development Department shall be required for the display of any sign directing persons to the location of an auction An application for a permit must include the proposed locations of signs, in addition to other necessary information required by the Development Department. Issuance of a permit shall be dependent upon the approval of the application by the Department, and the conformance of the proposed signage with all applicable municipal requirements Information displayed on any auction sign shall be limited to the site address or other location indicator, acreage and/or number of buildings, name, address, and phone number(s) of the auction firm or auctioneer, and arrows or other indicators of site direction Directional signage, including commercial messaging may be erected at appropriate locations as directed by the Director of Public Works in coordination with special events, public or private construction projects, or other purposes necessary for the appropriate direction of traffic flow. 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX Auction: Signs providing directions to the locations of auctions held for the sale of land and/ or buildings shall be allowed within the City of Sevierville in accordance with the following conditions: Multiple auction signs shall be allowed to provide directions to the site of a single auction. One sign may have a maximum area of thirtytwo (32) square feet, however each additional sign shall be limited to a maximum area of eight (8) square feet No sign shall be placed upon a public right of way of any kind, and no sign shall be closer 6.8 Electronic Message Boards Electronic Message Boards on monument signs are permitted on Major and Minor Arterial Roads, on properties with Commercial zoning, under the following criteria: The electrically activated changeable message section shall be located on the lower two thirds of the sign The electrically activated changeable message section shall not exceed 50 square feet or 25% of the allowable sign area, whichever is lesser The informational content of the message sec- 21

27 Attachment A SEVIERVILLE ZONING CODE tion can be changed at intervals; however, the Town Center (TC) message shall not be flashed by varying the intensity of the illumination nor may the message a. Monument signs may only be placed on properties with street frontage on an arterial street. scroll. Pole signs are not allowed All electronic message boards shall use the State of Tennessee s standards for digital billboard to determine illumination, rates of change, and other technical requirements of digital signage The area surrounding the sign base shall be landscaped with appropriate planting materials The sign shall not include audio, pyrotechnic, bluecasting (Bluetooth advertising) or similar components The owner of every Electronic Message Board shall coordinate with local authorities to display, when appropriate, emergency information important to the traveling public including but not limited to Amber Alerts, terrorist attacks or natural disasters. The emergency information shall take precedence over all other advertising for the duration of that emergency. The Emergency Manager shall determine frequency and duration of the message. 6.9 Signage for Specific Zones Unless otherwise specified in this section, all signs should follow the standards set forth in Sections Residential (R-1, R-2, R-3) a. Home occupation and professional announcement signs may consist of 1 sign of not more than two (2) square feet. b. Non-residential uses in a residential zone (including non-conforming uses) may have a monument sign that shall not exceed twenty-five (25) square feet. c. For non-residential uses, an attached sign shall follow the Allowable Attached Sign Area chart in Section d. The sign, if lighted, shall have indirect lighting. b. Projecting signage is limited to 20 square feet. All other attached signage shall be in accordance with the Allowable Attached sign area chart. c. Minimum separation of detached signage is 75 feet. If this condition is unable to be met, signage shall be placed as remotely as possible from other detached signage Historic Residential/Office (HRO) a. Due to the unique residential and historic character of the Historic Residential/Office district, additional restrictions on signage are enforced. b. A single monument sign no higher than 4 feet or larger than 16 square feet may be used to identify a multi-family or non-residential use. A two (2) square feet wall mounted sign may be placed on the building. c. If necessary, for directional purposes, as approved by the Development Director, up to two directional signs may be used to direct traffic flow and access to parking. d. No illumination of the signage is allowed Tourist Commercial (C-5) In addition to the standard signage permitted for commercial structures, projects within the Tourist Commercial Zone are entitled to destination arrival signs based on the acreage of the overall unified plan of development. Destination Arrival Signs Allowed by Acreage Size in acres Major Destination Arrival Signs Minor Destination Arrival Signs DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

28 Attachment A 120 SEVIERVILLE ZONING CODE a. All Destination Arrival Signs and Internal Property signs must be monument type signs. 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX b. The Supporting structure, architectural detailing and amenities for monument signs shall not be less than 33% of maximum sign area. c. Major Destination Arrival Signs: Shall have a height limit of 25 and a square footage limit of 500. d. Minor Destination Arrival Signs: Shall have a height limit of 20 and a square footage limit of 300. e. The distance between any detached sign shall be no less than 125 feet. f. Monument signs for all internal property shall be 200 square feet maximum and 20 feet maximum in height Visitor Accommodation (V-1) Each visitor accommodation development may have one primary identification sign not exceeding one hundred (100) square feet, and accessory uses may be listed on such a sign. However, if the development abuts a Major Collector or higher classified road, then up to one hundred and fifty (150) square feet shall be allowed for a primary identification sign. Where restaurants, conference centers, game or exercise facilities are located in separate structures from accommodation units, then individual signs of twenty-five (25) square feet may be installed to identify those structures, unless those facilities are located on a Major Collector or higher classified road. In those cases, the sign may be a monument sign and be as large as allowed under the regulations for monument signs on that class of roadway, provided that the required distance between signs on the same property is met Interstate Impact Overlay District (II-1) a. The Interstate Overlay District (II0) is an overlay district the provisions of which are designed to recognize the unique circumstances created at the points at which local, state, and federal streets and highways intersect with the federal Interstate system of highways. The intent of this district is to provide for the placement of on-premises business signs, appropriate in size and scale to their setting, for the purpose of attracting high speed Interstate travelers to exit the Interstate. No portion of an Interstate monopole sign shall include a changeable sign, and further, shall be prohibited from including any parts which create or include action or motion, or contain flashing lights or bulbs or contain intermittent lighting. b. The bottom of sign face and any other portion of sign attached thereto, shall be at least 75 above the finished grade. The top of the sign face, and any other portion of the sign attached thereto, shall not exceed one hundred (100) feet in height above the finished grade; except that, signs installed within fifty (50) feet of the Interstate right-of-way may exceed one hundred (100) feet in height above the finished grade where the finished grade lies below the elevation of the paved portion of the Interstate right-ofway (including paved shoulder areas) in closest proximity to such sign; in no instance, however, shall the top of such sign face, and any other portion of the sign attached thereto, exceed one hundred (100) feet in height above the edge of the paved portion of the Interstate right-of-way (including any paved shoulder areas) in closest proximity to such sign. c. Prior to the installation of an Interstate monopole sign, the Building Official shall be supplied with all information necessary for him to make a determination as to whether or not the sign will meet the provisions of this section and other applicable provisions of this ordinance. Such information shall include a drawing indicating the measurements of all portions of the sign, height of the bottom of the sign face and the top of the sign face above the finished grade, or, for Interstate monopole signs within fifty (50) feet of the Interstate right-of-way, the height above the edge of the paved portion of the Interstate right-of-way in closest proximity to the sign (including paved shoulder areas.) A survey prepared by a licensed surveyor shall be submitted showing the proposed location of the sign on the site. The surveyed location may be included on a site plan or PUD plan, as may be required 23

29 Attachment A SEVIERVILLE ZONING CODE by other sections of this ordinance, or, may be a separate survey. Within ten (10) days following installation of an Interstate monopole sign, the property owner shall submit a certified survey to the Building Official showing the precise height of the sign above the finished grade or the edge of the Interstate right-of-way in closest proximity to such sign, whichever may be applicable. No more than one (1) double-faced sign may be placed upon any monopole structure. The faces of a double-faced Interstate monopole sign shall be arranged so that such faces are separated no more than thirty (30) degrees. d. In the IIO zone, the addition of a monopole sign does not replace any otherwise allowable detached sign Master Sign Plan Where a unified plan of development greater than 10 acres that is either developed from the outset or all parties agree to such following development, a master sign plan may be invoked. A master sign plan consists of an agreement of all parties, including the City, land owners and any tenants at the time of plan development which provides for deviation from the existing signage ordinance to better accomplish the signage needs of the unique development. Prior to invoking and submitting a master sign plan for approval, a consultation with the Director of Development is required. Once a master sign plan is in force, it is binding on all parties, until or unless, all parties agree to dissolve it and return to the ordinance requirements that are in place at the time of dissolution. The plan shall call for the location, size, and design of all detached signage. In addition, any modifications to desired attached signage can be negotiated at this time. In addition, signage for a master sign plan may be placed with the master sign designation without regard for property ownership. All master sign plans must be approved by the Planning Commission. Modifications that are considered minor by the Development Director may be approved within the Department. Modifications that deviate greatly from the original plan must be modified by action of the Planning Commission DEVELOP- 1.0 GENERAL 2.0 ZONING 3.0 USES & MENT STAN- PROVISIONS DISTRICTS CONDITIONS DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

30 Attachment A 122 SEVIERVILLE ZONING CODE This page intentionally left blank. 9.0 DEFINI- TIONS 3.0 USES & CONDITIONS 2.0 ZONING DISTRICTS 1.0 GENERAL PROVISIONS 8.0 ADMINISTRA- TION 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING APPENDIX 25

31 Board Memorandum DATE: April 15, 2018 AGENDA ITEM: Consider approval of Ordinance O st reading An Ordinance to Amend the Zoning Ordinance of the City of Sevierville, Tennessee, to create an additional use for non-building structures (over 44 ft), create separate setback requirements for non-building structures, and set development standards for the added use. RESPONSIBILITY: Dustin Smith, Interim Development Director PRESENTATION: Due to an interest in our market from various amusement groups, the topic has been raised that our height limitations for non-building structures in our Tourist Commercial Zones are somewhat restrictive. Staff is proposing to change our current height limit, in this zone only, of 44 feet to 88 feet. This increase is being proposed as an additional use to the ordinance for non-building structures over 44 feet in height. This use is being added as one that is permitted only on review and requires elevations to be submitted with a site plan. In this change, language has also been provided that will prohibit the construction of a single spire to the proposed height and has provided the necessary measures to insure life safety standards are met. REQUESTED ACTION: Passage of the ordinance on 1 st reading. 26

32 ORDINANCE NO. O AN ORDINANCE TO AMEND CHAPTER 2.0 ZONING DISTRICTS AND MAP ESTABLISHED AND CHAPTER 3.0 USES AND PERFORMANCE STANDARDS OF THE ZONING ORDINANCE OF THE CITY OF SEVIERVILLE, TENNESSEE WHEREAS, the Tennessee Code Annotated (TCA), Section , grants municipalities the authority to adopt zoning requirements for the purposes of the public health, safety, morals, convenience, order, prosperity, and general welfare; and WHEREAS, Sections through 204 of the TCA provide for the buildings, structures, and land according to zoning district, and, provide for the amendment of zoning requirements according to certain procedures; and WHEREAS, this ordinance is an amendment to the zoning ordinance intended to enhance the public safety and convenience, NOW THEREFORE, BE IT ORDAINED, by the BOARD OF MAYOR AND ALDERMEN OF THE CITY OF SEVIERVILLE, TENNESSEE, that: Section 1. Chapter 2.0 Zoning Districts and Map Established, Section Tourist Commercial TCL, is hereby deleted in its entirety and substituted therefor with the following attached document: Attachment A. Section 2. Chapter 3.0 Uses and Performance Standards, Table 3.1 Uses Permitted by District, is hereby amended by deleting the use Entertainment, Amusement, Sports, Meeting & Events Facilities Outdoor and substituting therefor the following: (Attachment B provided for reference.) Outdoor Entertainment (44 Feet and Under) Section 3. Chapter 3.0 Uses and Performance Standards, Table 3.1 Uses Permitted by District is hereby amended by inserting as a new Permitted on Review use in the table following language below the amended language set out in Section 2 above. (Attachment B provided for reference.) Outdoor Entertainment (Over 44 Feet) Section 4. Chapter 3.0 Uses and Performance Standards, Section Recreation and Entertainment Uses, Subsection , is hereby deleted in its entirety and substituted therefor is Subsection in the following attached document, Attachment C, which also adds a new Subsection The remaining Subsections in Section Recreation and Entertainment Uses shall thereafter be renumbered accordingly. 27

33 Section 5. This ordinance shall become effective five (5) days from and after its final passage, the public welfare requiring it. Approved: Robert W. Fox, Vice Mayor ATTEST: Lynn K. McClurg, City Recorder Passed on 1 st reading:, 2019 Passed on 2 nd reading:, 2019 Passed on 3 rd reading:,

34 Attachment A 4 SEVIERVILLE ZONING CODE 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 2.7 Tourist Commercial - TCL (C-5) PURPOSE It is the intent of this district to provide areas for large comprehensively designed mixed use developments for tourist-related uses and to further provide development regulations which recognize the unique impact and needs of such specialized mixed use developments. No previously developed area nor a presently undeveloped area shall be considered for rezoning to TCL until and unless the conditions set out in are met. TYPICAL BUILDING TYPES photo to be added AREA, YARD, AND HEIGHT REQUIREMENTS (ARTICLE VIII) Minimum district and lot area ^ Minimum lot width (ft) n/a Minimum floor area per dwelling/transient unit (sf) n/a Maximum impervious lot coverage (% of lot area) n/a Maximum Gross Unit Density (ac) 21 Maximum height for buildings (ft) 110 Maximum height for non-building structures 88ft* Minimum front yard setback for buildings 30ft Minimum side yard setback for buildings - Up to 64ft 10^^ Minimum side yard setback for buildings - >64ft to 80ft 30 Minimum side yard setback for buildings - >80ft to plus 1 ft for each ft above 80 Minimum rear yard setback for buildings - Up to 64ft 25 Minimum rear yard setback for buildings - >64ft to 80ft 30 Minimum rear yard setback for buildings - >80ft to plus 1 ft for each ft above 80 Minimum front yard setback for non-building structures The height of the structure but no less than 30 ft Minimum side yard setback for non-building structures The height of the structure but no less than 10 ft^^ Minimum rear yard setback for non-building structures The height of the structure but no less than 30 ft District Land Use See Section 3 Development Standards See Section 4 Parking Requirements See Section 5 NOTES: (sf = square feet, ft = feet) Site plan review is required according to Section 8.3, 10.1 Appendix 8.4 if applicable. ^25 ac shall be required to create a C-5 zone. (See ) ^^Except that no structure shall be located closer than 25 ft to the boundary to a zoning district other than TCL.. *No structure may be more than 44 feet above the next highest structure on the site. (See ) TYPICAL LOT PATTERN photo to be added 9.0 DEFINI- TIONS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION APPENDIX 29

35 Attachment B SEVIERVILLE ZONING CODE TABLE 3.1 USES PERMITTED BY DISTRICT Permitted Permitted on Review Special Exception - - Not Permitted New AR A-R LDR R-1 MDR R-2 Hotel, Motel - Without Amusement Recreational Vehicle Park/Travel Trailer Park Recreational Vehicle Parking for Tourist occupying other Accommodations within a Development Transient Rental Unit Office Cabin Rental Office Doctor/Dentist Office Professional Offices Recreation and Entertainment Outdoor Entertainment (44 Feet and Under) Outdoor Entertainment (Over 44 Feet) Places of Amusement & Assembly - Indoor Special Assembly Venue Tennis Clubs, Country Clubs, & other similar uses Retail and Personal Service Automobile and Mobile Home Sales Day Care Center Day Care (TC) Farmer s Market Financial Services Funeral Home Gasoline Stations Pawn Shops Personal Services Psychic & Palm Reading Activities Restaurant With Drive-Through Restaurant Without Drive-in or Drive- Through Retail Distilleries HDR R-3 TC NC C-2 IC C-3 AC C-4 IN M-1 HRO TCL C-5 VA V GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 5.0 PARKING 6.0 SIGNS 7.0 NON- CONFORMI- TIES 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX

36 Attachment C 24 SEVIERVILLE ZONING CODE Recreation and Entertainment Uses that exceed 44 feet in height. 1.0 GENERAL PROVISIONS 2.0 ZONING DISTRICTS 3.0 USES & CONDITIONS 4.0 DEVELOP- MENT STAN- DARDS 7.0 NON- CONFORMI- TIES 6.0 SIGNS 5.0 PARKING 8.0 ADMINISTRA- TION 9.0 DEFINI- TIONS APPENDIX Outdoor Entertainment (44 Feet and Under) a. Definition: An outdoor area generally operated for profit with facilities and equipment for amusement, entertainment, or recreational purposes, including, but not limited to, amusement rides, theme parks, go-kart tracks, waterparks, train or tramway rides, mini-golf, film or live entertainment venues such theaters/amphitheaters, professional sports stadiums, outdoor firearm ranges, paintball courses, zipline courses, and similar activities and facilities. This definition includes non-building amusement structures that do not exceed 44 feet in height. b. Parking: i. Recreation and amusement areas without seating capacity: One space for each five customers, computed on maximum capacity. ii. Places of public assembly: One space for each five seats in the principal assembly room or area. c. Loading: As provided for in Section 5.3 of this ordinance. d. Additional Standards: Amusements shall operate in compliance with TCA , et seq, where applicable, and/or with other accepted industry standards Outdoor Entertainment (Over 44 Feet) a. Definition: An outdoor area generally operated for profit with facilities and equipment for amusement, entertainment, or recreational purposes, including, but not limited to, amusement rides, theme parks, go-kart tracks, waterparks, train or tramway rides, mini-golf, film or live entertainment venues such theaters/amphitheaters, professional sports stadiums, outdoor firearm ranges, paintball courses, zipline courses, and similar activities and facilities. This definition includes non-building amusement structures b. Parking: i. Recreation and amusement areas without seating capacity: One space for each five customers, computed on maximum capacity. ii. Places of public assembly: One space for each five seats in the principal assembly room or area. c. Loading: As provided for in Section 5.3 of this ordinance. d. Additional Standards: i. Amusements shall operate in compliance with TCA , et seq, where applicable, and/or with other accepted industry standards. ii. A height limit of 44 feet shall not be exceeded unless multiple structures of a similar nature are present and so long as no one structure creates the effect of there being only one dominant nonbuilding structure, such as a spire. iii. Building and non-building structure elevations shall be included with a site plan submittal. iv. A means of emergency access, approved by the Fire Chief or designee, shall be available to the highest part of any non-building structure. 31

37 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider approval of Fireworks Displays for The Tennessee Smokies Baseball Team at Smokies Park. RESPONSIBILITY: Matt Henderson, Fire Chief PRESENTATION: The Tennessee Smokies have requested approval of Fireworks Displays for their upcoming season. Fire Department staff have worked with both the Smokies Stadium and Pyro Shows to ensure the fireworks displays meets all State and Local codes. If the Tennessee Smokies make the playoffs at the end of the season, it is requested the Board of Mayor and Aldermen give approval for Fireworks Displays for their home games. REQUESTED ACTION: Approval of the dates attached. 32

38 Sevierville Fire Department To: Board of Mayor and Aldermen April 15, 2019 The Tennessee Smokie have requested approval for Fireworks Displays for the following dates for their upcoming season. May 04, 2019 May 24, 2019 May 25, 2019 June 07, 2019 June 08, 2019 June 21, 2019 June 22, 2019 July 03, 2019 July 12, 2019 July 13, 2019 July 26, 2019 August 10, 2019 August 17,

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46 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider approval of Annual Preventive Maintenance Contract for Automated External Defibrillator s (AED) and Heart Monitors throughout the City of Sevierville from Zoll Medical Corporation. RESPONSIBILITY: Matt Henderson, Fire Chief PRESENTATION: Requesting approval to allow Zoll Medical Corporation to perform inspections, performance testing and annual maintenance on 19 AED Plus units, and 1 AED Pro unit, contract price of $3, Also perform warranty service, performance testing and annual maintenance on 2 Zoll X Series(2-1 year warranty extensions) and 3 M series Heart Monitor Defibrillators in the amount of $3, Total cost is $7, Zoll Medical Corporation is the only regionally known service provider for certified onsite warranty and service for our multiple units. This is a budgeted item for all city AED s and Fire Department Heart Monitors. REQUESTED ACTION: Approval of Preventative Maintenance Contracts. 41

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54 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider approval to accept lowest qualified bid for the demolition of the down town fire station facility. RESPONSIBILITY: Matt Henderson, Fire Chief PRESENTATION: The City received bid responses April 4, 2019 for the demolition of the down town fire station and removal of the underground storage tank. The lowest qualified bid was Adkins Demolition, Caryville, TN, for $99,888 for the building demolition and backfill in existing subgrade void spaces and a unit price bid for the removal and backfill of the underground storage tank. The unit price portion using engineer s estimated quantities is $39,900. This amount will vary plus or minus based on actual quantities and findings when the tank is excavated. REQUESTED ACTION: Approval to enter into contract. 49

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62 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider approval to enter into an agreement with GEOServices, LLC, for the Materials Testing and Environmental Consulting required for the down town fire station demolition. RESPONSIBILITY: Matt Henderson, Fire Chief PRESENTATION: The City contracted with GEOServices, LLC, for materials testing and environmental consulting on the headquarters station. GEOServices, LLC has continued to advise the City regarding the upcoming demolition and removal of the underground storage tank (UST) located at the down town fire station. GEOServices, LLC has submitted a unit price proposal with not-to-exceed costs for $5,000 for Field Observations of Demolition and Site Backfill and $7,000 for Environmental Consulting for UST and ACM Removal. REQUESTED ACTION: Approval to enter into contract. 57

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79 Board Memorandum DATE: April 15,2019 AGENDA ITEM: Agreement Between Sevier Aquatic Club and City for Use of Family Aquatics Center for Summer 2019 RESPONSIBILITY: Bob Parker-Director of Parks and Recreation PRESENTATION: Please find the proposed Agreement between the City and the Sevier Aquatic Club for use of the Family Aquatics Center at City Park for the Summer of Attached to that Agreement is the Fees and Charges Policy adopted effective July 1, 2018; which requires the Aquatic Club to a pay user fee for the use of this Facility. The City Attorney and Recreation Advisory Committee has reviewed this Agreement. REQUESTED ACTION: Approval of Agreement as presented between the City and the Sevier County Aquatic Club for use of the Family Aquatics Center for the Summer of

80 AGREEMENT USE OF FAMILY AQUATIC CENTER SUMMER 2019 This Agreement made and entered into on this the 15th day of April 2019, by and between the City of Sevierville, through its Department of Parks and Recreation, hereinafter called City, and Sevier Aquatic Club, by and through its duly organized and designated signatory, hereinafter referred to as Club. For and in consideration of the mutual promises contained herein, the parties agree as follows: 1. Except as otherwise provided herein, and subject to the terms and conditions herein, during the summer season, which will begin on or around June 3, 2019, and end on or around July 26, 2019, the Club shall be allowed the exclusive use of the Sevierville Family Aquatic Center pool, excluding the splash pad and slide between the hours of 7:00 a.m. - 10:30 a.m. on Monday, Wednesday, and Friday and between the hours of 6:00a.m.-10:30 a.m. on Tuesday and Thursday. The Club shall also have the exclusive use of the Sevierville Family Aquatic Center additional hours between 6:15 p.m. 8:15p.m. on Mondays and Wednesdays. The club s participants may not enter the pool until 6:15p.m. The club will be allowed entry onto the pool deck at 6:00 p.m. for set-up purposes away from City offered swim lessons or water exercise classes. The City will bill the Club monthly $11.50 per hour for each lifeguard provided by the City. 2. During scheduled meets, use of the Family Aquatic Center pool facilities shall be without charge to the Club or spectators. After hours rentals: If the City, in its sole discretion, decides to allow the Club to rent the facilities, or any part thereof, after normal hours of operation, the Club shall pay the City $ per hour. The City will bill the Club monthly. 3. The Club shall charge its members a fee of $20.00 per person for use of the pool facilities during the term of this Agreement. The Club shall pay all such fees to the City. If the Club charges an entry fee or imposes any other form of charge to its members and / or participants for using the pool facilities, then the Club shall pay all such fees and charges to the City before the facilities are used. The Club shall pay any tax applicable imposed on all fees or charges and shall hold the City harmless from any such taxes. If anyone associated with the Club chooses to remain after practice and use the Aquatic Facility for personal use, they must remove their personal belongings, exit the facility and pay the normal fees for use of the facilities by the public. 4. All swim meets will be held at the Sevierville Family Aquatic Center only. If the City s designated representative deems weather conditions to be unsafe, swim meets/ practices/ parties will 75

81 be canceled and will be rescheduled if the pool is available later. Everyone must leave the pool deck during inclement weather conditions. 5. The City shall maintain exclusive rights to operate the concessions at the pool during all meets and / or practices or as it sees fit to do so. The Club shall not sell any products at the Sevierville Family Aquatic Center or the Sevierville Community Center. 6. All users of the pool and all spectators shall be subject to the rules of the Sevierville Parks & Recreation Code of Conduct and the rules of the pool and pool area, copies of which are included in Exhibit A to this Agreement. The Club shall be responsible of enforcement of all the City s rules of the pool and pool areas during the times that the Club has the exclusive use of the pool facilities. 7. The Club agrees to carry at its / their own expense both public liability and property damage insurance with minimum limits of $1,000, for each occurrence. Such insurance shall be for the joint benefit of the City and the Club, and the Club shall name City as an additional insured. The insurance shall be and remain if effect during the entire term of the Agreement. The Club shall furnish to City proof of said insurance within thirty days prior to any scheduled event. The Club will not be allowed to use any City pool facility until such proof of insurance has been provided to the City. Should the Club fail to provide such proof of insurance, the City may immediately terminate this Agreement and cancel any events, without notice to the Club. Regardless of said insurance, the Club shall indemnify and save the City free and harmless from any and all claims, accidents, damages, expenses (including, without limitation, reasonable attorney fees), and liability whatsoever arising out of or in any way connected with injury, including death, or property damage to any person, firm, corporation or other entity, including the City, arising directly or indirectly from the use or occupancy of said premises or any part thereof by Club, its agents, entertainers, employees, assigns, contractors, spectators and guests. 8. The City will furnish a lifeguard (or lifeguards, as necessary) to perform lifeguarding functions during Club's use of the Sevierville Family Aquatic Center. The lifeguard will be a City employee and will be supervised by the City. The Club will pay the City $11.50 per hour for the cost of providing the lifeguard(s). 9. All Club pool users shall leave the pool area as soon as possible after practice and meets, but in any event by no later than 10:45 a.m. during normal practices, and no later than 1 hour after the conclusions of all swim meets and shall be responsible for cleaning the area at the end of each activity. All chairs, kick boards, or other equipment must be put away before Club members leave the pool area. 10. During meets and practices, only swim team members will be allowed in the pool. All other persons must remain on the pool deck and surrounding space designated for spectators. No one will be allowed in the deep or shallow end nor in the splash pad area or use the slides or the slide s plunge pool. 11. The City shall have the right to cancel this Agreement at any time upon giving the Association fifteen (15) days written notice of cancellation. 76

82 12. The City reserves the right to close the pool at any time if conditions are such that the City determines is inappropriate for the pool to be used. 13. The City, in its sole discretion, shall make all decisions regarding the scheduling of the Sevierville Family Aquatic Center. The City s scheduling decisions shall be final. 14. The Club will allow the City s Parks and Recreation Department to appoint a staff member to serve on its Board of Directors or similar body as a, non-voting member. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first above written. CITY CONTACT PERSON CITY OF SEVIERVILLE: Print Name BY: Signed by duly authorized signatory 200 Gary Wade Boulevard Sevierville, TN Type name and title of signatory Phone: (865) UTILIZER: (TYPE NAME) BY: Signed by duly authorized signatory Type name and title of signatory Type address of UTILIZER: Phone number(s): (regular) (Cell) (Pager) 77

83 Subject: Fees and Charges General Policy for Fiscal Year 2019 (Effective July ) Fees As required by City Ordinance No ; all Fees and Charges are reviewed by the Recreation Advisory Board and a Market Study must be completed prior to each budget planning and preparation (Normally January of each year). City Residence may pay the FY2018 fees and charge rates with the proof of residency, which reflect a discounted rate for city residents. There are some rates (mostly food) where discounts will not be available due to the lack of hardware and software at our food operations to verify residency. There are no discounts of any kind (including City Employees) approved for Children s Programs. Effective July 1, 2018; user fees for private tournaments will be $10 per team registered for each tournament, youth baseball/softball participants will pay $5.00 per player registered and the Swim Team Summer Program for use of parks and recreation facilities will pay $20 per participant. 78

84 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider Approval of Project Agreement with TDOT for SR-338 Intersection at Old Knoxville Highway Project RESPONSIBILITY: Bryon Fortner, P.E. Public Works Director PRESENTATION: This project will improve the intersection of Boyds Creek Highway (SR-338) and Old Knoxville Highway for increased safety and operations through geometric layout changes, creation of turn lanes, and a new traffic signal. Since this intersection lies within the jurisdiction of the Knoxville Regional Transportation Planning Organization, we asked for their assistance. The project will be funded by the Federal Highway Administration (FHWA) at 80% with the remaining 20% coming from the Tennessee Department of Transportation (TDOT). Funding is currently in place for preliminary design and the purchase of ROW if necessary. This contract is between the City and TDOT since we will manage the project locally through the TDOT Local Programs Office. REQUESTED ACTION: Approval of Project Agreement. 79

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108 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Consider Approval of Contract for the Construction of the Downtown Streetscapes Project RESPONSIBILITY: Bryon Fortner, P.E. Public Works Director PRESENTATION: Bids were opened on March 19, 2019 for this important project for Downtown Sevierville. There were two bidders. The lowest qualified bid came from Charles Blalock and Sons, Inc. (CBS) in the amount of $6,891, After negotiations and value engineering, CBS agreed to reduce the unit price of several bid items, resulting in a reduction of $113, from the original bid. This makes the total contract amount $6,777, The unit price contract is attached for review. REQUESTED ACTION: Approval of Contract with Charles Blalock and Sons, Inc. in the amount of $6,777,

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142 Board Memorandum DATE: April 15, 2019 AGENDA ITEM: Request for upsize existing 6 sewer force main to an 8 sewer force main. This is for acres at the intersection of Newport Hwy and County Line Rd to build a campground. RESPONSIBILITY: Steve Flynn, Director of Water & Sewer Department. PRESENTATION: Customer requested to upsize existing 6 sewer force main to an 8 sewer force main for 4,550 feet to a proposed campground. Existing 6 water line is adequate. Please see attached map and relevant information. REQUESTED ACTION: Approval of upsizing force main. 137

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