PIGEON FORGE ZONING ORDINANCE

JULY 1988

Updated Through April 2021

ZONING ORDINANCE

PIGEON FORGE, TENNESSEE

PIGEON FORGE PLANNING COMMISSION

Stephen Houser, Chairman

Mark Rutledge Jeff Dodgen

Tony Kyker Brenda Tweed

Kenny Maples

Community Development Director: David Taylor

Assistant City Planner: Karl Kreis

East TN Development District Planner: Joe Barrett

Prepared by

LOCAL PLANNING ASSISTANCE OFFICE

Department of Economic and Community Development

(No longer in existence)

Including Amendments through April, 2021

TABLE OF CONTENTS

Page

AUTHORITY 6

ARTICLE I. SHORT TITLE 6

ARTICLE II. PURPOSE 6

ARTICLE III. DEFINITIONS 7

ARTICLE IV. GENERAL PROVISIONS 19

401. Continuance of Nonconforming Uses 19

402. Off-Street Automobile Parking 19

403. Off-Street Loading and Unloading Space 22

404. Vision Clearance 22

405. Ingress and Egress 22

406. Flood Protection 22

407. Planned Unit Development 23

408. Signs 27

409. Site Plan Regulations for Commercial,

Industrial, and Multi-family Residential Uses 46

410. Off-Street Parking Lot Design Requirements 48

411. Driveway Regulations 49

412. Temporary, Mobile, Factory-Built, or

Factory Assembled Structures 50

413. Environmental Impacts – Noise 51

414 Site Plan Regulations for Special Events 52

415 Caretaker’s Quarters 53

416 Off-Premise Canvass (OPC) Stations 54

ARTICLE V. APPLICATION OF REGULATIONS 55

501. Use 55

502. Street Frontage 55

503. Corner Lots 55

504. One Principal Building on a Lot 55

505. Reduction of Lot Size 55

506. Yard and Other Spaces 55

507. Conformity to Subdivision Regulations 55

508. Customary Accessory Buildings in

Residential Districts 55

509. Height and Density 55

510. Annexations 56

511. Short Term Rentals in the R-1 Zone. 56

ARTICLE VI. ESTABLISHMENT OF DISTRICTS 64

ARTICLE VII. PROVISIONS GOVERNING USE DISTRICTS 64

701. R-1 (Low Density) Residential 64

702. R-2 (High Density) Residential 66

703. C-1 General Commercial District 67

704. C-2 Tourist Commercial District 68

705. C-3 Neighborhood Commercial District 69

706. C-4 Planned Unit - Commercial District 70

707. M-1 Industrial District 73

708. FP-1 (Floodplain) District 74

709. C-5 Commercial Amusement Park District 75

710. Heliports 77

711. C-6 Mixed-Use Commercial District 77

712. C-7 Planned Unit/Public Use Development District 82

ARTICLE VIII. AREA, YARD, AND HEIGHT REGULATIONS 88

ARTICLE IX. EXCEPTIONS AND MODIFICATIONS 89

901. Lot of Record 89

902. Adjoining and Vacant Lots of Records 89

903. Front Yards 89

904. Group Housing Projects 89

905. Exception on Height Limits 89

906. Exception on Off Street Parking 90

907. Pedestrian Bridges Across the Little Pigeon River 90

ARTICLE X ENFORCEMENT 91

1001. Enforcing Officer 91

1002. Building Permit Requirements 91

1003. Issuance of Building Permit 91

1004. Certificate of Occupancy 91

1005. Penalties 92

1006. Remedies 92

ARTICLE XI. BOARD OF ZONING APPEALS 92

1101. Creation and Appointment 92

1102. Procedure 92

1103. Appeals: How Taken 92

1104. Powers 93

1105. Action of Board of Zoning Appeals 93

ARTICLE XII. AMENDMENTS 94

1201. Procedure 94

1202. Approval by Planning Commission 94

1203. Introduction of Amendment 94

ARTICLE XIII. LEGAL STATUS PROVISIONS 95

1301. Conflict with Other Ordinances 95

1302. Validity 95

1303. Effective Date 95

APPENDICES. 96

MUNICIPAL FLOOD DAMAGE PREVENTION ORDINANCE 99

ZONING ORDINANCE

CITY OF PIGEON FORGE, TENNESSEE

AUTHORITY

An ordinance, in pursuance of the authority granted by Sections 13-7-201 through 13-7-

210 and Section 13-7-401, Tennessee Code Annotated, for the purpose of promoting

the public health, safety, morals, convenience, order, prosperity and general welfare; to

provide for the establishment of districts within the corporate limits; to regulate, within

such districts, the location, height bulk, number of stories and size of buildings and

structures, the percentage of lot occupancy, the required open spaces, the density of

population and the uses of land, buildings and structures; to provide methods of

administration of this ordinance and to prescribe penalties for the violation thereof.

BE IT ORDAINED by the Board of Mayor and Commissioners of the City of Pigeon

Forge:

ARTICLE I. SHORT TITLE

This ordinance shall be known as the "Zoning Ordinance of the City of Pigeon Forge,

Tennessee," the map herein referred to, and which is identified by the title "Zoning Map

of the City of Pigeon Forge, Tennessee," and all explanatory matter thereon are hereby

adopted and made a part of this ordinance.

ARTICLE II. PURPOSE

These zoning regulations and districts as herein set forth have been made in

accordance with a comprehensive plan for the purpose of promoting the health, safety,

morals and the general welfare of the community. They have been designed to lessen

congestion in the streets, to secure safety from fire, panic and other danger, to provide

adequate light and air, to prevent the overcrowding of land, to avoid undue

concentration of population, to facilitate the adequate provision of transportation, water,

sewerage, schools, parks and other public requirements. They have been made with

reasonable consideration among other things, as to the character of each district, and

its particular suitability for particular uses, and with a view of conserving the value of

buildings and encouraging the most appropriate use of land throughout the city.

ARTICLE III. DEFINITIONS

Unless otherwise stated the following words shall, for the purpose of this ordinance,

have the meaning herein indicated. Words used in the present tense include the future.

The singular number includes the plural and the plural the singular. The word "shall" is

mandatory, not directory. The words "used" or "occupied" as applied to any land or

building shall be construed to include the word intended, arranged or designed to be

used or occupied.

301. Access. The right to cross between public and private property, thereby

permitting pedestrians and vehicles to enter and leave property.

302. Advertising. Includes any writing, printing, graphics, painting, display, emblem,

drawing, sign, or other device designed, used or intended for advertising, whether

placed on the ground, rocks, trees, or other natural structures or on buildings,

structures, milestones, sign boards, billboards, wall board, roof board, frames, supports,

fences or other man-made structure.

302(a). Adult Oriented Businesses. (Adopted by Ord. 593 on 4/26/99, Repealed by

Ord. 821 Adopted on 3/12/2007). See Section 328(a) “Sexually Oriented Business.”

303. Amusement. A commercial use offering recreational activities including

mechanical rides with defined parameters to which there is a separate admission

charge. An amusement can be located on a single parcel, or on a common parcel, as in

the case of a P.U.D., with other amusements, each charging an admission and each

advertised by separate signage.

303.1. Amusement Park. A commercially operated park, contained within a

clearly defined and enclosed parameter on at least three acres, offering for one

admission price a variety of amusements including, but not limited to, mechanical

rides, gifts, eateries, entertainment, and passive or active recreational activities

with all events/amusements advertised by a common sign.

304. Arcade. A permanently enclosed building that is to be used for electronic game

machines and other similar uses.

305. Boarding or Rooming House. A building containing a single dwelling unit and

not more than five guest rooms where lodging is provided with or without meals for

compensation.

306. Buffer Strip. A plant material acceptable to the building inspector which has

such growth characteristics as will provide an obscuring screen not less than six (6) feet

in height.

307. Building. Any structure having a roof supported by columns or by walls and

intended for the shelter, housing, or enclosure of persons, animals, or chattel.

307.l. Principal Building. A building in which is conducted the main or principal

use of the lot on which said building is located.

307.2. Accessory Building or Use. A building or use customarily incidental and

subordinate to the principal building or use and located on the same lot with such

building or use.

307.3. Building Height, Average. As shown on Sketches A, B and C in the

appendix at a cross-section.

307.4. Building Height, Maximum. The vertical distance between the point

where average finish grade intersects the building line at the lowest point to the

roof height through any cross-section and runs parallel to the finish grade line.

(See appendix)

307.5. Building, Modular. A unit of construction which is totally or in part

constructed off-site and transported for on-site erection, placement, assembly or

similar terms.

307.6. Building, Prefabricated. A building constructed on-site from components

which have been prefabricated, panelized or constructed in sections off-site.

307.7. Architecture. The fundamental underlying character/design style of any

building or structure, including conventional and entertainment-themed styles,

which make it unique, exclusive of any graphics. (Ord. 1063, 8/13/2018)

308. Camping Area. A parcel of land used or intended to be used, left, or rented, for

occupancy by campers or for occupancy by camping trailers, tents, or movable or

temporary dwellings, rooms, or sleeping quarters of any kind.

309. Carport. A structure used for the storage of vehicles and having no enclosure

other than its roof and such necessary support as will present the minimum obstruction

to light, air and view.

310. Club. Buildings and facilities owned or operated by an association or persons for

a social or recreational purpose, but not operated primarily for or to render a service

which is customarily carried on as business.

311. Condominium. A multi-unit structure offering individual ownership of said units

in an approved planned unit development project.

312. Day Care Center. A place operated by a person, society, agency, corporation,

institution, or other group that receives pay for the care of eight or more children under

17 years of age for less than 24 hours per day, without transfer of custody. The term

"Day Care Center" also includes child development centers, nursery schools, day

nurseries, play schools, and kindergartens, as well as agencies providing before-and-

after school care, regardless of name, purpose, or auspices. (Excluding schools graded

1-12 and kindergartens operated by governmental units or by religious organizations).

313. Dormitory. A building containing sleeping rooms for occupancy by seasonal

workers.

314. Dwelling Unit. One or more rooms designed as a unit for occupancy as living

quarters for sleeping, and cooking purposes.

314.1. Single Family Dwelling. A building designed, constructed and used for

one dwelling unit.

314.2. Two Family or Duplex Dwelling. A building designed, constructed, or

reconstructed and used for dwelling units that are connected by a common

structural wall.

314.3. Multi-Family Dwelling. A building designed, constructed or

reconstructed and used for more than two dwelling units, with each dwelling unit

having a common structural wall with any other dwelling on the same floor.

315. Family. One or more persons occupying a premise and living together as a

single housekeeping unit.

316. Flood. Means a temporary condition of partial or complete inundation of dry land

areas from the overflow of water from streams or rapid accumulation or runoff of surface

water from any source.

316.1. Floodway. The channel of rivers and other watercourses and adjacent

land areas (100-year flood) that must be reserved in order to provide passage of

flood flows, which are shown on floodway maps that are made a part of this

ordinance.

316.2. Flood Fringe Area. Land areas lying outside the floodway but within the

100-year floodplain - see Appendix for illustration.

316.3. Flood Hazard Boundary Map (FHBM). The official map issued by the

Federal Emergency Management Agency which is made a part of this ordinance.

316.4. Flood Insurance Rate Map (FIRM). An official map on which the Federal

Emergency Management Agency has delineated both the areas of special flood

hazard and the risk premium zones for the city.

317. Floor Area. The total area of all floors of a building including finished attic,

finished basement, and other heated floor space. The floor area excludes parking

garages in floor area and floor area ratio calculations. (Adopted on 5/13/96 by Ord. 517

and Amended by Ord. 1091, Adopted 6/8/2020)

317.1. Floor Area Ratio. A mathematical expression determined by dividing the

total floor area of a building by the area of the lot on which it is located, FA/LA =

FAR.

317(a). Graphics (Added by Ord. 923, Adopted 4/11/11, Amended by Ord. 1063,

8/13/2018, Removed by Ord. 1107, 4/12/2021)

318. Home Occupation. An occupation for gain or support which is customarily

conducted in the home, which is incidental to the use of the building or structure as a

dwelling unit, which employs not more than two persons not residents of the premises,

and for which not more than thirty (30) percent of the total actual ground floor area is

used for home occupation purposes.

319. Junkyard. A lot, land or structure, or part thereof, used primarily for collecting,

storage, and/or sale of wastepaper, rags, scrap metal, or discarded materials or for

collecting, dismantling, storing, and salvaging of machinery or vehicles not in running

condition or for the sale of parts thereof.

320. Landscaping. The planting and maintenance of trees, shrubs, lawns, and other

ground cover or materials, provided that terraces, fountains, retaining walls, street

furniture, sculptures, or other art objects, and similar accessory features may be

considered as landscaping if integrally designed.

320(a). Light Manufacturing: The creation of items for sale. However, generally on a

smaller scale and would not include any activity that could cause injurious or obnoxious

noise, fire hazard or other objectionable condition. Examples of light manufacturing

would be the production of local crafts, specialty food items, and similar products.

(Added by Ord. 923, Adopted 4/11/11)

320(b). Lighting (photometric) Plans: A plan showing the projected illumination in

foot candles (every 5 to 10 feet) in proposed lighted areas of a site plan. This must be

signed and sealed by someone certified to do photometric plans. Not all site plans

require a lighting plan. (Added by Ord. 923, Adopted 4/11/11)

320(b).1. Foot candles: An accepted way used to measure the quantity of light

(illumination). A foot candle is basically equal to the light produced by one

candle at a distance of one foot.

321. Lot. A parcel of land which fronts on and has access to a public street and which

is occupied or intended to be occupied by a building or buildings with customary

accessories and open spaces.

321.1. Lot line. The boundary dividing a given lot from a street, alley, or adjacent

lots.

321.2. Lot line, front. That property line running with the street right-of-way

which gives access to the lot.

321.3. Lot of record. A lot existing prior to this ordinance, the boundaries of

which are filed as legal record.

322. Mobile Home. A detached residential dwelling unit built on a chassis and

designed for transportation after fabrication on streets or highways on its own wheels or

on flatbed or other trailers, and arriving at the site where it is to be occupied as a

dwelling complete and ready for occupancy except for minor and incidental unpacking

and assembly operations, location on jacks or other temporary or permanent

foundations, connections to utilities, and the like, and it shall meet all standards of the

Southern Standard Building Code.

323. Mobile Home Park. A parcel or tract of land under single ownership which has

been planned and improved for the placement of mobile homes for dwelling purposes

under PUD regulations.

324. Modular Building. See Building, Modular.

325. Nonconforming Use. Any structure or land lawfully occupied by a use that does

not conform to the use regulations of the district in which it is situated.

326. Noxious Matter. Material (in gaseous, liquid, solid, particulate, or any other

form) which is capable of causing injury to living organisms, chemical reactions, or

detrimental effects upon the social, economic, or physiological well-being of individuals.

327. Planned Unit Development. An integrated design for development of

residential, commercial, or industrial uses or combination of uses which is professionally

designed to allow flexibility and initiative in site and building design and location, in

accordance with a plan approved by the planning commission.

328. Professional Office. The office of a physician, dentist, attorney, architect,

engineer, urban planner, accountant, or related professions.

328(a). Sexually Oriented Business. Sexually oriented business means an “adult

bookstore or adult video store,” an “adult cabaret,” an “adult motion picture theater,” a

“semi-nude model studio,” a “sexual device shop,” or a “sexual encounter center.”

328(a).1. “Adult Bookstore or Adult Video Store” means a commercial

establishment which, as one of its principal business activities, offers for sale or

rental for any form of consideration any one or more of the following: books,

magazines, periodicals or other printed matter, or photographs, films, motion

pictures, video cassettes, compact discs, digital video discs, slides, or other

visual representations which are characterized by their emphasis upon the

display of “specified sexual activities” or “specified anatomical areas.”

A “principal business activity” exists where the commercial establishment:

(a) has a substantial portion of its displayed merchandise which consists

of said items, or

(b) has a substantial portion of the wholesale value of its displayed

merchandise which consists of said items, or

(d) derives a substantial portion of its revenues from the sale or rental, for

any form of consideration of said items, or

(e) maintains a substantial portion of its interior business space or, if less

than 30%, devotes at least three hundred fifty square feet (350 sq. ft.) of

its interior business space, to the display, sale, and/or rental of the

foregoing items (aisles and walkways used to access said items shall be

included in “interior business space”) and limits access to the premises or

to the portion of the premises occupied by said items to adults only; or

(f) offers for sale or rental at least one thousand five hundred (1,500) of

the foregoing items and limits access to the premises or to the portion of

the premises occupied by said items to adults only; or

(g) maintains an “adult arcade,” which means any place to which the

public is permitted or invited wherein coin-operated or slug-operated or

electronically, electrically, or mechanically controlled still or motion picture

machines, projectors, or other image-producing devices are regularly

maintained to show images to five or fewer persons per machine at any

one time, and where the images so displayed are characterized by their

emphasis upon matter exhibiting “specified sexual activities” or specified

“anatomical areas.”

328(a).2. “Adult Cabaret” means a nightclub, bar, juice bar, restaurant, bottle

club, or other commercial establishment, whether or not alcoholic beverages are

served, which regularly features persons who appear semi-nude.

328(a).3. “Adult Motion Picture Theater” means a commercial establishment

where films, motion pictures, videocassettes, slides, or similar photographic

reproductions which are characterized by their emphasis upon the display of

“specified sexual activities” or “specified anatomical areas” are regularly shown to

more than five persons for any form of consideration.

328(a).4. “Characterized by” means describing the essential character or

quality of an item. As applied in this Ordinance, no business shall be classified as

a sexually oriented business by virtue of showing, selling, or renting materials rated

NC-17 or R by the Motion Picture Association of America.

328(a).5. “City” means the City of Pigeon Forge, Tennessee.

328(a).6. “Employ, Employee, and Employment” describe and pertain to any

person who performs any service on the premises of a sexually oriented

business, on a full time, part time, or contract basis, whether or not the person is

denominated an employee, independent contractor, agent, or otherwise.

Employee does not include a person exclusively on the premises for repair or

maintenance of the premises or for the delivery of goods to the premises.

328(a).7. “Establish or Establishment” shall mean and include any of the

following:

(a) The opening or commencement of any sexually oriented business

as a new business;

(b) The conversion of an existing business, whether or not a sexually

oriented business, to any sexually oriented business; or

sexually oriented business.

328(a).8. “Influential Interest” means any of the following: (1) the actual power

to operate the sexually oriented business or control the operation, management

or policies of the sexually oriented business or legal entity which operates the

sexually oriented business, (2) ownership of a financial interest of fifty percent

(50%) or more of a business or of any class of voting securities of a business, or

(3) holding an office (e.g., president, vice president, secretary, treasurer,

managing member, managing director, etc.) in a legal entity which operates the

sexually oriented business.

328(a).9. “Nudity or a State of Nudity” means the showing of the human male

or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a

fully opaque covering, or the showing of the female breast with less than a fully

opaque covering of any part of the nipple and areola.

328(a).10. “Operate or Cause to Operate” shall mean to cause to function or to

put or keep in a state of doing business. “Operator” means any person on the

premises of a sexually oriented business who causes the business to function or

who puts or keeps in operation the business or who is authorized to manage the

business or exercise overall operational control of the business premises. A

person may be found to be operating or causing to be operated a sexually

oriented business whether or not that person is an owner, part owner, or licensee

of the business.

328(a).11. “Person” shall mean individual, proprietorship, partnership,

corporation, association, or other legal entity.

328(a).12. “Premises” means the real property upon which the sexually oriented

business is located, and all appurtenances thereto and buildings thereon,

including, but not limited to, the sexually oriented business, the grounds, private

walkways, and parking lots and/or parking garages adjacent thereto, under the

ownership, control, or supervision of the licensee, as described in the application

for a sexually oriented business license.

328(a).13. “Regularly” means and refers to the consistent and repeated doing of

the act so described.

328(a).14. “Semi-Nude or State of Semi-Nudity” means the showing of the

female breast below a horizontal line across the top of the areola and extending

across the width of the breast at that point, or the showing of the male or female

buttocks. This definition shall include the lower portion of the human female

breast, but shall not include any portion of the cleavage of the human female

breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing

apparel provided the areola is not exposed in whole or in part.

328(a).15. “Semi-Nude Model Studio” means a place where persons regularly

appear in a state of semi-nudity for money or any form of consideration in order

to be observed, sketched, drawn, painted, sculptured, photographed, or similarly

depicted by other persons.

This definition does not apply to any place where persons appearing in a

state of semi-nudity did so in a modeling class operated:

(a) By a college, junior college, or university supported entirely or partly

by taxation;

(b) By a private college or university which maintains and operates

educational programs in which credits are transferable to a college,

junior college, or university supported entirely or partly by taxation;

(1) Which has no sign visible from the exterior of the structure

and no other advertising that indicates a semi-nude person

is available for viewing; and

(2) Where, in order to participate in a class a student must enroll

at least three days in advance of the class.

328(a).16. “Sexual Device” means any three (3) dimensional object designed

and marketed for stimulation of the male or female human genitals, anus, female

breast, or for sadomasochistic use or abuse of oneself or others and shall include

devices such as dildos, vibrators, penis pumps, and physical representations of

the human genital organs. Nothing in this definition shall be construed to include

devices primarily intended for protection against sexually transmitted diseases or

for preventing pregnancy.

328(a).17. “Sexual Device Shop” means a commercial establishment that

regularly features sexual devices. Nothing in this definition shall be construed to

include any pharmacy, drug store, medical clinic, or any establishment primarily

dedicated to providing medical or healthcare products or services, nor shall this

definition be construed to include commercial establishments which do not

restrict access to their premises by reason of age.

328(a).18. “Sexual Encounter Center” shall mean a business or commercial

enterprise that, as one of its principal business purposes, purports to offer for any

form of consideration, physical contact in the form of wrestling or tumbling

between persons of the opposite sex when one or more of the persons is semi-

nude.

328(a).19. “Specified Anatomical Areas” means and includes:

(a) Less than completely and opaquely covered: human genitals, pubic

region; buttock; and female breast below a point immediately above

the top of the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely

and opaquely covered.

328(a).20. “Specified Criminal Activity” means:

(a) any of the following specified crimes for which less than five years

elapsed since the date of conviction or the date of release from

confinement for the conviction, whichever is the later date:

(1) rape, aggravated rape, aggravated sexual assault, public

indecency, statutory rape, rape of a child, sexual exploitation

of a minor, indecent exposure;

(2) prostitution, patronizing prostitution, promoting prostitution;

(3) obscenity;

(4) dealing in controlled substances;

(5) racketeering;

(b) any attempt, solicitation, or conspiracy to commit one of the foregoing

offenses; or

committed in this state, would have constituted on of the crimes listed

above.

Notwithstanding anything in this definition of “specified criminal activity,” a

conviction that is later reversed, vacated, overturned or expunged by a court

of law shall not be considered a “specified criminal activity” under this

section.

328(a).21. “Specified Sexual Activity” means any of the following:

(a) intercourse, oral copulation, masturbation or sodomy; or

(b) excretory functions as a part of or in connection with any of the

activities described in (a) above.

328(a).22. “Substantial” means at least thirty percent (30%) of the item(s) so

modified.

328(a).23. “Viewing Room” shall mean the room, booth, or area where a patron

of a sexually oriented business would ordinarily be positioned while watching a

film, videocassette, digital video disc, or other video reproduction.

(Ord. 821, Adopted 3/12/2007)

329. Shopping Center. For the purpose of this ordinance, a shopping center shall be

considered as an enterprise located on a single parcel of property which is internally

separated or segregated into individual shops or separate, distinct businesses or

functions. Individual ownership is not a factor. These centers shall be considered as

planned unit developments.

330. Signs (Removed by Ord. 1107, 4/12/2021

331. Sign Face: (Added by Ord. 923, Adopted 4/11/11, Removed by Ord. 1107,

4/12/2021)

332. Storage Yard. Storage yard means an outdoor area where vehicles, equipment,

merchandise, raw materials, or other items are accumulated and stored for an indefinite

period of time. These yards may hold scrap, lumber, debris, vehicles and parts, paper,

rags, bottles, trusses, landscaping materials and similar products if screened from view

with fencing or evergreen tree landscaping. Storage yards may be used in conjunction

with a warehouse, storage buildings, sheds or other structures but may also be the

principle use. (Ord. 1010 – 10/12/2015)

337. Tent - Tent-type Structure. A shelter of canvas or other fabric-like material

stretched and sustained by a pole or poles and/or other supports, and includes

umbrellas of more than eight (8) feet in diameter, however;

337.1. Not to include tent-type structures or awnings attached to a permanent

structure which are used to cover walkways,

337.2. Not to include awnings used to cover windows provided they do not

extend more than six (6) feet from the permanent building,

337.3. No tent, tent-type structure or awning shall be used for any type business

activity.

338. Tourist Residence. Any dwelling unit used for the overnight and/or weekly

rental to tourists.

339. Townhouse. A townhouse is a single family dwelling unit attached by fire

resistant common walls to other similar type units, each unit having an open space for

light, air, and access in the front and rear, as in an approved planned unit development.

340. Travel Trailer. Any vehicle used, or so constructed as to permit its being used

as conveyance upon the public streets or highways duly licensable as such, and

constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping

place for one (1) or more persons, and designed, for short-term occupancy, for frequent

and/or extensive travel, and for recreational and vacation use, including camper trucks

and self-propelled campers, etc.

340.1. Travel Trailer Parks. Any plot of land approved as a planned unit

development upon which two or more travel trailers are located and used as

temporary living or sleeping quarters. The occupants of such parks may not

remain in the same trailer park more than thirty (30) days.

341. Yard. An open space on the same lot with a principal building, open, unoccupied

and unobstructed by buildings from the ground to the sky except as otherwise provided

in this ordinance.

341.1. Front yard. The yard extending across the entire width of the lot between

the front lot line and the nearest part of the principal building including covered

porches.

341.2. Rear yard. The yard extending across the entire width of the lot between

the rear lot line and the nearest part of the principal building, including covered

porches.

341.3. Side yard. A yard extending along the side lot line from the front yard to

the rear yard, and lying between the side lot line and the nearest part of the

principal building, including covered porches.

ARTICLE IV. GENERAL PROVISIONS

401. Continuance of Nonconforming Uses. Any lawful use of any building or land

existing at the time of the enactment of this ordinance or whenever a district is changed

by an amendment thereafter may be continued although such use does not conform

with the provisions of this ordinance with the following limitations:

401.1. No building or land containing a nonconforming use shall hereafter be

extended unless such extensions shall conform with the provisions of this

ordinance for the district in which it is located; provided, however, that a

nonconforming use may be extended throughout those parts of a building which

were manifestly arranged or designed for such use prior to the time of enactment

of this ordinance;

401.2. Any nonconforming building which has been damaged by fire or other

causes, may be reconstructed and used as before unless the Building Inspector

determines that the building is damaged to the extent of more than fifty (50)

percent of its appraised value for tax purposes in which case any repair or

reconstruction shall be in conformity with the provisions of this ordinance;

401.3. When a nonconforming use of any building or land has ceased for a

period of ninety (90) days, it shall not be reestablished or changed to any use not

in conformity with the provisions of this ordinance.

401.4. Nonconforming mobile homes located on single lots may be replaced with

newer and/or more structurally sound mobile homes for protection of the health,

welfare, and safety of the mobile home resident and surrounding property

owners.

402. Off-Street Automobile Parking. Off-street automobile parking space shall be

provided on every lot on which any of the following uses are hereafter established. The

number of automobile parking spaces provided shall be at least as great as the number

specified below for various uses. Each space shall conform to off-street parking lot

design requirements as established in Section 410. Turning space shall be provided so

that no vehicle will be required to back into the street.

402.1. Automobile repair garages: one space for each regular employee plus

one space for each two hundred fifty (250) square feet of floor space used for

repair work.

402.2. Churches: one space for each four (4) seats.

402.3. Clubs and lodges: one space for each three hundred (300) square feet

of floor space.

402.4. Dwellings:

402.4.l. Single and duplex - one space for each unit.

402.4.2. Multi-family - one and one-half spaces for each unit.

402.5. Funeral parlors: one space for each four (4) seats in the chapel.

402.6. Gasoline service stations and similar establishments; four (4) spaces

for each bay or similar facility plus one space for each employee.

402.7. Hospitals and nursing homes: one space for each two (2) staff or

visiting doctors plus one space for each two (2) employees and one space for

each four beds, computed on the largest number of employees on duty at any

period of time.

402.8. Hotel: one space for each four (4) employees plus one (1) space for each

guest room.

402.9. Industry: one space for each three (3) employees, computed on the

largest number of persons employed at any period during day or night and one

space for each five hundred (500) square feet of gross floor space of any building

(or part thereof) being utilized for any type of industry/manufacturing. (Ord. 1028

– 12/12/2016)

402.10. Motels: one space for each four (4) employees plus one space for each

accommodation.

402.11. Offices

402.11.1. Medical - one space for each three hundred (300) square feet

of floor space.

402.11.2. Other professional - one space for each four hundred (400)

square feet of floor space.

402.11.3. General - one space for each four hundred (400) square feet of

floor space.

402.12. Places of public assembly: one space for each five (5) seats in the

principal assembly room of area.

402.13. Planned unit development-residential - as required in Section 407.3.4.

402.14. Recreation and amusement areas without seating capacity: one (1)

space for each 7,500 square feet of lot area plus one (1) space for each four (4)

customers, computed on a maximum service capacity.

402.15. Restaurants: one space for each four (4) employees, plus one space

for each four (4) customers, computed on a maximum service capacity.

402.16. Retail business and similar uses: one space for each two hundred

(200) square feet of net floor space.

402.17. Schools: one space for each faculty member, plus one space for each

four (4) pupils except in elementary and junior high schools.

402.18. Wholesale business: one space for each three (3) employees based

on maximum seasonal employment

402.19. If off-street parking space required above cannot be reasonably provided

on the same lot on which the principal use is conducted, the Board of Zoning

Appeals may permit such space to be provided on other off-street property

provided such space lies within four hundred (400) feet of the main entrance to

such principal use, and not on the opposite side of a major street or stream.

Such vehicle standing space shall be deemed to be required open space

associated with the permitted use and shall not thereafter be reduced or

encroached upon in any manner.

402.20. Extension of parking space into a residential district: required

parking space may extend up to one hundred twenty (120) feet into a residential

zoning district, provided that: (1) the parking space adjoins a commercial or

industrial district; (2) has its only exit to or from upon the same street as the

property in the commercial or industrial district from which it provides the required

parking space; and (3) is separated from abutting properties in the residential

district by a plant or fence buffer strip as determined by the planning commission.

402.21. The planning commission may approve, at its discretion, up to a fifteen

(15) percent reduction in parking spaces at the time of site plan review for mixed

use developments, if all criteria listed below are met:

A mixed use development is a unified development of at least five (5)

acres located on one tract of land developed for three (3) or more different

types of the following uses: office, general retail, public, restaurants,

hotels/motels and entertainment uses such as theaters, museums, and

themed amusements.

The following information must be submitted in addition to the site plan

requirements:

 A written request establishing the rationale for parking reduction as

it pertains to the character of the proposed project and the specific

need for the reduction;

 size of the development (must be at least five acres in area);

 the specific types of uses in the project and the profile of their

related parking demands;

 accessibility to trolley services (within three hundred feet of the

property line);

 proximity to municipal parking lots (excluding R.O.W. parking);

 the potential for increased parking demand in the future; and

 any other factor(s) deemed pertinent by the Planning Commission.

(All 402.21 added by Ord. 747, Adopted 1/10/05)

403. Off-Street Loading and Unloading Space. On every lot on which a business,

trade or industry use is hereafter established, space with access to a public street or

alley shall be provided as indicated below for the loading and unloading of vehicles off

the public street or alley:

403.1. Retail business: one space of at least 12 x 25 feet for each 3,000 square

feet of floor area or part thereof.

403.2. Wholesale and industrial: one space of at least 12 x 50 feet for each

10,000 square feet of floor area or part thereof.

403.3. Terminals: sufficient space to accommodate the maximum number of

buses or trucks that will be stored and loading and unloading at the terminal at

any one time.

404. Vision Clearance. In all districts there shall be no plants or structures placed in

or on any yard partition of a lot that would obstruct the vision of auto or pedestrian traffic

using the intersecting public streets.

405. Ingress and Egress. A plan for adequate and safe ingress and egress for all

land uses shall be required.

406. Flood Protection. Any structure proposed to be located within fifty (50) feet of

any main drainage channel or stream (hereafter referred to as a stream) within the City

of Pigeon Forge, Tennessee, must be approved by the Pigeon Forge Planning

Commission and be in conformity with the Flood Disaster Protection Act of 1973 as

amended to October 1986, a copy of which is on file in the building inspector's office

The planning commission shall determine, on the basis of the watershed and the

probable runoff, the openings needed for the stream and how close a structure may be

built to the stream in order to assure adequate space for flow of flood water. However,

in no case shall a building or structure be permitted within fifteen (15) feet of the top of

the bank of any stream.

407. Planned Unit Development. The following regulations for planned unit

developments shall be submitted to the planning commission for approval and shall

comply with the regulations established in this section.

407.1. Purpose. The purpose of the Planned Unit Development (sometimes

hereinafter referred to as PUD) is to provide diversification in the relationship of

uses and structures to their sites and also provide flexibility which will create a

more desirable living environment. A PUD shall mean an integrated,

professionally prepared design for development of residential, commercial, or

industrial uses or as permitted combinations of such uses to allow application of

new techniques and technology of site and building design and location, thus

achieving economies in land usage, maintenance, and street and utility systems

while providing for attractive open areas, safe circulations and general well-being

of the inhabitants.

407.2. Concept. A PUD may be developed in any district provided that the uses

permitted and density requirements of the district allow the development and the

PUD plan elements are approved by the planning commission. Residential,

commercial, or industrial uses, or combinations of these uses where district or

special regulations permit, may be developed under the PUD concept. Cluster

type subdivisions and condominiums, townhouses, multi-dwelling unit, rental

developments, multi-use commercial uses, industrial uses, mobile home parks,

travel trailer parks and multi-use or ownership developments shall be considered

as PUDs for the purpose of this ordinance.

407.3. General Requirements. All PUD developments shall comply with the

following requirements:

407.3.1. Minimum site: No PUD shall have an area less than that required

by the planning commission as adequate for the proposed project;

however, the minimum site shall not be less than the minimum lot size

required in the district in which the proposed project is to be located. A

minimum lot size PUD may be allowed to vary setback requirements as

established in 407.3.2.2. upon approval of the planning commission.

However, in no case shall the minimum setbacks be less than those

required in the zoning district, and in no case shall the setback be less

than twenty-five (25) feet in areas that adjoin a residential district.

(Amended by Ord. 911, Adopted 7/2010)

407.3.2. Structures and spaces: The planning commission shall require

arrangement of structures and open spaces within each site as necessary

to assure that adjacent uses will not be adversely affected.

407.3.2.1. Where feasible the highest height and intensity of uses

shall be toward the interior of the project.

407.3.2.2. Except as provided in 407.3.1. a freestanding building

shall be no closer than twenty (20) feet to any other freestanding

building and no closer than twenty-five (25) feet to exterior

boundary property lines.

407.3.3. Open Space Requirements. Preservation, maintenance, and

ownership of open space areas and facilities shall be established in the

appropriate legal manner.

407.3.1.1. Dedication to the public as part of parks and open space

system;

407.3.3.2. By the homeowners association;

407.3.3.3. By the developer or management authority of the PUD.

407.3.4. Off-street Parking Requirements:

Single-family (including cabins, chalets, etc.), townhouse and

duplex – Two (2) spaces per dwelling unit, up to three (3) bedrooms

per unit, with an additional one-half (½) space for each additional

bedroom beyond three (3).

Multi-family units (including apartments, “condominiums,”

time-share units, etc.)

# of Bedrooms

# of Required

Parking Spaces

Maximum Size of

Units*

1,000 sq. ft.

1.5

1,300 sq. ft

2.0

1,600 sq. ft

An additional one half

space for each

bedroom over three

An additional 300 sq. ft.

for each bed room over

three

*The Planning Commission will review whether the number of parking spaces is

adequate for units that exceed the maximum size for the number of bedrooms

provided. Additional spaces may be required if the Planning Commission

determines that the larger units may house more guests than would be normal

for a unit with a certain number of bedrooms.

Parking Reduction Factor for Large-Scale Multi-Family

Developments:

As the size of a multi-family PUD project increases, the likelihood

that all units will be occupied at the maximum intensity at any given

time decreases. Therefore, a parking reduction factor can be

applied to projects meeting the following size standards:

 Projects having between 100 units and 199 units may

reduce required parking by five (5%) percent.

 Projects having between 200 units and 299 units may

reduce required parking by ten (10%) percent.

 Projects having 300 or more units may reduce required

parking by fifteen (15%) percent.

All other permitted uses as required in Section 402. (Ord. 788,

adopted 2/13/06)

407.3.5. Height and Density. No PUD shall exceed general regulations

for the district in which it is to be located, except that residential PUDs in

R-2 Residential Districts may be allowed to exceed height limits but not to

exceed forty-eight (48) feet when the following conditions are met and all

conditions approved by the planning commission in the approval process.

407.3.5.l. Fire hydrants are installed so that any part of all buildings

can be reached with a hose length of two hundred fifty (250) feet;

407.3.5.2. The project includes tennis courts, swimming pool,

equipped play area, clubhouse, or other similar recreation facilities.

407.3.5.3. For every foot over thirty-five (35) feet in height, the

structure or structures shall be set back one (1) additional foot from

all property and building lines.

407.3.6. Signage. (Removed by Ord. 1107, 4/12/2021)

407.3.7. Subdivision Regulations. A PUD plan has a direct relationship

with subdivision regulations. Therefore, arrangement of public and

common ways for pedestrian and vehicular circulation shall be in

relationship with other existing or planned streets and ways and with the

Pigeon Forge Major Road Plan. Project street and way improvements

shall comply with the standards set forth in the subdivision regulations.

However, the uniqueness of each proposed PUD may require slight

variances from widths of streets, ways, utility easements, curbing, and

similar standards on the subdivision regulations. Upon application by the

owner/developer and good cause shown, the planning commission may

permit changes or alterations of these standards, provided they are

consistent with the spirit and intent of this section. These modifications

may only be approved as a variance on the approval of the preliminary

subdivision plat which is concurrent with final approval of the PUD plan.

407.3.8. Density. Structures designated for schools, churches, and other

similar public uses shall not be used in any density requirements.

However, the open space around these structures may be so computed.

407.4. Plan Requirements. The PUD plan approval process shall generally

require four (4) steps which shall be the submission and approval of a preliminary

PUD plan, the submission and approval of a final PUD plan and a preliminary

subdivision plat, and the submission and approval of a final subdivision plat.

407.4.1. The preliminary PUD plan shall be a concept or sketch plan

which shall show the general location of buildings and uses, general

circulation patterns, open space and recreation areas, parking areas,

ingress/egress points, sketch elevations and drainage, the boundary

dimensions, overall density of development, public uses, landscaping

concepts, zoning classification, and other information deemed pertinent by

the planning commission.

407.4.2. The final PUD plan shall include detailed architectural/

engineering plans for: utilities, vehicular and pedestrian circulation

systems, location of all structures, topographic, minimum elevations, and

grading, the physical relationship of uses, parking areas, open space and

recreation areas, landscape areas, buffer or screening materials and

locations, areas proposed for dedication as parks, ways, or places, final

drafts of legal documents, and other information deemed pertinent by the

planning commission.

407.4.3. The preliminary subdivision plat shall meet all requirements for

preliminary approval as noted in the Pigeon Forge Subdivision

Regulations.

407.5. Staging of Development. The PUD applicant may elect to develop the

site in successive stages. The stages and expected development periods shall

be shown on the PUD development plans. However, each stage approved must

be substantially complete within its segment. The planning commission may also

require the development of a PUD project in stages if public facilities are not

adequate to handle the entire development initially.

407.6. Changes and Modifications. A PUD project may be changed or modified

under conditions established for minor changes and major changes.

407.6.1. Minor changes: The planning commission may approve changes

in minor shifts of building locations proposed streets and ways, utilities

and easements, recreation and open space areas or other features on the

approved plan. However, these changes shall not increase densities,

change exterior boundary lines, change uses, materially change location

or amount of land devoted to specific uses, or significantly change the

exterior features or appearance of buildings and uses shown on the

approved plans.

407.6.2. Major changes: All changes other than those established as

minor shall be considered as major changes to the PUD plan and shall

require a new plan submission in accordance with the procedures and

requirements for approval of a PUD plan.

407.7. Permits. The developer of the PUD shall be entitled to receive a special

conditions permit after approval of the final PUD plan and the preliminary

subdivision plat.

407.7.1. Building, grading permits: These permits shall be issued after

the special conditions permit is obtained. The building official however,

shall revoke any permit issued in reliance on said plan at such time as it

becomes obvious that the project is not in compliance with the plan.

407.7.2. Certificate of Occupancy: A certificate of occupancy permit shall

not be issued until all conditions of the final PUD plan, final subdivision

plat, and building codes are met.

407.7.3. Time limitations: any special conditions permit shall expire twelve

(12) months from and after issuance if the development as approved is not

in compliance with the PUD plan. However, the permit may be extended

for an additional period not to exceed one (1) year for good cause shown.

408. Signs.

408.1 Findings, purpose and intent; interpretation.

408.1.1 Signs obstruct views, distract motorists, displace alternative

uses for land, and pose other problems that legitimately call for

regulation. The purpose of this article is to regulate the size, color,

illumination, movement, materials, location, height and condition of all

signs placed on private property for exterior observation, thus ensuring

the protection of property values, the character of the various

neighborhoods, the creation of a convenient, attractive and harmonious

community, protection against destruction of or encroachment on

historic convenience to citizens and encouraging economic

development. This article allows adequate communication through

signage while encouraging aesthetic quality in the design, location, size

and purpose of all signs. This article must be interpreted in a manner

consistent with the guarantee of free speech in the state and federal

constitutions. If any provision of this article is found by a court of

competent jurisdiction to be invalid, such finding must not affect the

validity of other provisions of this article which can be given effect

without the invalid provision.

408.1.2 Signs not expressly permitted as being allowed by right or by

uses permitted on review under this article or by specific requirements

in another portion of the Municipal Code are prohibited.

408.1.3 A sign placed on land or on a building for the purpose of

identification, protection or directing persons to a use conducted therein

must be deemed to be an integral but accessory and subordinate part of

the principal use of land or building. Therefore, the intent of this article is

to establish limitations on signs in order to ensure they are appropriate to

the land, building or use to which they are appurtenant and are adequate

for their intended purpose while balancing the individual and community

interests identified in Section 408.1.1 of this section.

408.1.4 These regulations are intended to promote signs that are

compatible with the use of the property to which they are appurtenant,

landscape and architecture of surrounding buildings, are legible and

appropriate to the activity to which they pertain, are not distracting to

motorists, and are constructed and maintained in a structurally sound

and attractive condition.

408.1.5 These regulations distinguish between portions of the City

designed for primarily vehicular access and portions of the City

designed for primarily pedestrian access.

408.1.6 These regulations do not regulate every form and instance

of visual communication that may be displayed anywhere within the

jurisdictional limits of the City. Rather, they are intended to regulate

those forms and instances that are most likely to meaningfully affect

one or more of the purposes set forth above.

408.1.7 These regulations do not eliminate all of the harms that may

be created by the installation and display of signs. Rather, they strike

an appropriate balance that preserves ample channels of

communication by means of visual display while still reducing and

mitigating the extent of the harms caused by signs.

408.1.8 These regulations are not intended to and do not apply to

signs erected, maintained or otherwise posted, owned or leased by the

State, the federal government or this City. The inclusion of

“government” in describing some signs does not intend to subject the

government to regulation, but instead helps illuminate the type of sign

that falls within the immunities of the government from regulation.

408.2 Definitions. These are definitions as they related to the sign section of the

ordinance. These are in addition to definitions in Article III of this ordinance.

408.2.1 Code. Unless otherwise specifically referenced means the Code

of the City of Pigeon Forge.

408.2.2 Digital Billboard. A sign that is static and changes messages by

any electronic process or remote control.

408.2.3 Electric Sign. Any sign containing electric wiring. This does

not include signs illuminated by an exterior floodlight source.

408.2.4 Flag. Means a sign made of fabric, bunting, or similar

material, attached along one side to a single pole that is either

freestanding or attached to a building.

408.2.5 Flashing Sign. Any illumined sign on which the artificial light is

not maintained stationary or constant in intensity and color at all times

when such sign is in use. For the purpose of this Code any moving

illuminated sign, except digital billboards, must be considered a flashing

sign.

408.2.6 Flat Wall (Façade-Mounted) Sign. A sign affixed directly to or

painted on or otherwise inscribed on an exterior wall and confined

within the limits thereof of any building and which projects from that

surface less than twelve (12) inches at all points.

408.2.7 Freestanding Sign. A sign erected and maintained on a

freestanding frame, mast or pole not attached to any building, and

not including ground mounted signs.

408.2.8 Government Sign. A government sign is a sign that is

constructed, placed or maintained by the federal, state or local

government or a sign that is required to be constructed, placed or

maintained by the federal, state or local government either directly or to

enforce a property owner’s rights.

408.2.9 Graffiti. Means any unauthorized inscription, word, figure,

painting or other defacement that is written, marked, etched, scratched,

sprayed, drawn, painted, or engraved on or otherwise affixed to any

surface of public or private property by any graffiti implement, to the

extent that the graffiti was not authorized in advance by the owner or

occupant of the property, or, despite advance authorization, is otherwise

deemed a public nuisance by the City. Graffiti includes snipe signs.

408.2.10 Graffiti implement. Means an aerosol paint container, a broad-

tipped marker, gum label, paint stick or graffiti stick, etching equipment,

brush or any other device capable of scarring or leaving a visible mark

on any natural or manmade surface.

408.2.11. Graphics. A permanent painted, printed or sculpted scene,

mural, figure or object - being two or three dimensional - used to

enhance or complement the building architecture exclusive of any

words, letters, and numbers. Graphics shall not include those design

elements of a building which are an integral part of the architectural

design style.

408.2.12 Ground Sign. A sign which extends from the ground or has

support which places the bottom of the sign less than nine (9) feet from

the ground.

408.2.13 Highway Sign. A Freestanding sign, Integral Sign or Flat Wall

Sign that is erected and maintained within the view of motorists who are

driving on a highway.

408.2.14 Holiday lights or mini lights. mean light fixtures that use bulbs

that are sized C6, C7, or C9 or LED bulbs that are 8 mm or smaller.

408.2.15 Rope light. Means a light that has Holiday lights or mini lights

inside of a PVC tube.

408.2.16 String lights. Means a lighting fixture that is composed of

electrical wiring encased in plastic with sockets for bulb placement.

408.2.17 Integral Sign. A sign that is embedded, extruded or carved

into the material of a building façade. A sign made of bronze, brushed

stainless steel or aluminum, or similar material attached to the building

façade.

408.2.18 Lessee includes a person who rents property for residential or

commercial purposes.

408.2.19 Marquee Sign. A canopy or covering structure bearing a

signboard or copy projecting from and attached to a building.

408.2.20 Minor Sign. A sign described in Section 408.5.7 and any

sign not larger than six square feet that can be removed by hand if

abandoned.

408.2.21 Monument Sign: A sign which is supported by and integrated

with a solid base, as opposed to poles, posts and other such supports.

408.2.22 Original Art Display. A hand-made work of art that is either

affixed to or painted directly on the exterior wall of a structure with the

permission of the property owner. An original art display does not

include: mechanically produced or computer-generated prints or

images, including but not limited to digitally printed vinyl; electrical or

mechanical components; or changing image art display.

408.2.23 Outdoor Advertising Sign. A sign that advertises goods,

products or services which are not sold, manufactured or distributed on

or from the premises or facilities on which the sign is located.

408.2.24 Portable Sign. Any structure without a permanent foundation

or otherwise permanently attached to a fixed location, which can be

carried, towed, hauled or driven and is primarily designed to be moved

rather than be limited to a fixed location regardless of modifications that

limit its movability.

408.2.25 Projecting Sign. A sign, other than a flat wall sign, which

projects from and is supported by a wall of a building or structure.

408.2.26 Roof Sign. A sign located on or above the roof of any

building, not including false mansard roof, canopy, or other fascia.

408.2.27 Sign. A name, identification, description, display or

illustration, which is affixed to, painted or represented directly or

indirectly upon a building, or other outdoor surface which directs

attention to or is designed or intended to direct attention to the sign

face or to an object, product, place, activity, person, institution,

organization or business. Signs located completely within an enclosed

building, and not exposed to view from a street, must not be

considered a sign. Each display surface of a sign or sign face must be

considered to be a sign.

408.2.28 Sign area: the space enclosed within the extreme edges of

the sign for each sign face, not including the supporting structure or

where attached directly to a building wall or surface, the space within

the outline enclosing all the characters of the words, numbers or

design.

408.2.29 Sign face: The entire display surface area of a sign upon,

against or through which copy is placed.

408.2.30 Snipe sign. means any small sign, generally of a temporary

nature, made of any material, when such sign is tacked, nailed, posted,

pasted, glued or otherwise attached to trees, poles, stakes, fences, or

other objects not erected, owned and maintained by the owner of the

sign.

408.2.31 Temporary Sign. A banner, pennant, poster or advertising

display constructed of paper, cloth, canvas, plastic sheet, cardboard,

wallboard, plywood or other like materials and that appears to be

intended or is determined by the code official to be displayed for a

limited period of time (rather than permanently attached to the ground or

a structure).

408.2.32 Vehicle Sign. Any sign attached to or displayed on a vehicle.

408.3. Interpretation of Districts or Zones. When this chapter makes reference

to a district or zone, residential zones are those defined by the Pigeon Forge

Zoning Ordinance as R-1 and R-2, and commercial zones/Industrial are those

defined as C-1, C-2, C-3, C-4, C-5, C-6, C-7 and M-1.

408.4 Prohibited Signs. Signs are prohibited unless:

408.4.1. Constructed pursuant to a valid permit when required under this

section of the zoning ordinance; and

408.4.2. Authorized under this section of Article IV or otherwise by the

Municipal Code.

408.4.3. In residential zones or on property used for non-transient

residential uses, commercial signs are prohibited.

408.5 Authorized Signs. The following signs are authorized without a need for a

permit:

408.5.1. Although these regulations do not apply to signs erected,

maintained or posted by the State, federal, county or this government,

these regulations clarify that Government signs which form the

expression of that government are allowed in every zoning district and

include the signs described and regulated in herein when erected and

maintained pursuant to law.

408.5.2. Traffic control devices on private or public property must be

erected and maintained to comply with the Manual on Uniform Traffic

Control Devices adopted by the State. Because these regulations do

not apply to the State, federal, county or this government, a failure to

comply with this provision by those governments does not constitute

evidence of negligence or form the basis for a cause of action.

408.5.3. Each property owner must mark their property using numerals

that identify the address of the property so that public safety

departments can easily identify the address from the public street.

Where required under this code or other law the identification may be on

the curb, mailbox or on the principal building on the property. If on the

building, the size and location of the identifying numerals and letters if

any must be proportional to the size of the building and the distance

from the street to the building. In cases where the building is not located

within view of the public street, the identifier must be located on the

mailbox or other suitable device such that it is visible from the street.

408.5.4 Where a federal, state or local law requires or allows a

property owner to post a sign on the owner’s property to warn of a

danger or to prohibit access to the property either generally or

specifically, the owner must comply with the federal, state or local law

to exercise that authority by posting a sign on the property. If the

federal, state or local regulation describes the form and dimensions of

the sign, the property owner must comply with those requirements,

otherwise, when not defined, the sign shall be no larger than two

square feet and located in a place on the property to provide access to

the notice that is required to be made. Signs posted under this Section

are not snipe signs.

408.5.5. Official notices or advertisements posted or displayed by or

under the direction of any public or court officer in the performance of

official or directed duties; provided, that all such signs must be removed

no more than ten (10) days after their purpose has been accomplished

or as otherwise required by law. Signs posted under this Section are not

snipe signs.

408.5.6 The signs described in Sections 408.5.3., 408.5.4. and, 408.5.5.

are an important component of measures necessary to protect the public

safety and serve the compelling governmental interest of protecting

traffic safety, complying with legal requirements, serving the

requirements of emergency response and protecting property rights or

the rights of persons on property.

408.5.7. Temporary Signs, Generally.

408.5.7.1. Temporary signs allowed at any time:

408.5.7.1.1. A property owner may place one sign with

a sign area no larger than three (3) square feet on the

property at any time. This Section does not include

snipe signs.

408.5.7.2. Temporary signs may be located on the owner’s property

for a period of ninety (90) days prior to an election involving

candidates for a federal, state or local office or which involves an

issue on the ballot of an election and remain for up to sixty (60)

days subsequent to such election. This Section does not authorize

snipe signs.

408.5.7.3. One temporary sign that is not a snipe sign may be

located on a property when:

408.5.7.3.1. the owner consents and that property is

being offered for sale through a licensed real estate

agent;

408.5.7.3.2. if not offered for sale through a real estate

agent, when the sign is owned by the property owner

and that property is offered for sale by the owner through

advertising in a local newspaper of general circulation;

and

408.5.7.3.3. for a period of 21 days following the date on

which a contract of sale has been executed by a person

purchasing the property.

408.5.7.4. One temporary sign may be located on the owner’s

property on the day prior to and on a day when the property

owner is opening the property to the public; provided, however,

the owner may not use this type of sign in a Residential District

on more than five days in a year and may not use this type of

For purposes of this Section, a year is counted from the first day

on which the sign is erected counting backwards and from the

last day on which the sign exists counting forward. This Section

does not authorize snipe signs.

408.5.7.5. During the period from the "Smoky Mountain

Winterfest Celebration" (from kickoff to closing), a property

owner may place temporary signs on the property and may use

lights to decorate the property even if the lights might be

arranged to form a sign. This Section does not authorize snipe

signs.

408.5.8 Flags as follows:

408.5.8.1. Commercial Districts. In a commercial district, three

(3) flag and three (3) flag pole per premises. Each flag must be a

maximum of twenty-four (24) square feet in area. Flag poles

must be a maximum of forty (40) feet in height but no higher than

the highest point of the nearest principal building's roof on the

premises. Flag poles must meet the minimum yard setback

requirements for a principal building or a minimum of ten feet

whichever is more restrictive.

408.5.8.1.1. Vehicle signs using LEDs must be off when

not travelling and vehicle sign not LED in nature cannot

be parked on the same property for longer than twenty-

four (24) hours so that the sign is not visible from a public

way.

408.5.8.1.2. Signs within ballparks and athletic fields.

Signs within ballparks and athletic fields as follows:

408.5.8.1.2.1. Scoreboards facing inward to the

audience; and

408.5.8.1.2.2. Such other signs as may be affixed

to the fence or scoreboard, facing inward to the

field of play that are no larger than [32] square feet

in area.

408.5.8.1.3. Memorial plaques, cornerstones, historical

tablets and the like.

408.5.8.1.4. Nameplates.

408.5.8.1.5. Barber poles.

408.6. Permit required.

408.6.1. In general. A sign permit is required prior to the display

and erection of any sign except as provided in Section 408.5.

408.6.2. Application for permit.

408.6.2.1. An application for a sign permit must be applied for on

the city’s on-line system at mygovernmentonline.org under “Signs” for

the Codes Enforcement Officer. The applicant must provide

sufficient information to determine if the proposed sign is allowed

under this code and other applicable laws, regulations, and

ordinances. An application for a temporary sign must state the

dates intended for the erection and removal of the sign. An

application for any sign must state the date when the owner

intends to erect it and provide a bond sufficient to allow the City to

remove it if it is not properly maintained or if it is abandoned.

408.6.2.2. The Codes Enforcement Officer or designee must

promptly process the sign permit application and approve the

application, reject the application, or notify the applicant of

deficiencies in the application within 15 days after receipt. Any

application that complies with all provisions of this code, the

zoning ordinance, the building code, and other applicable laws,

regulations, and ordinances must be approved.

408.6.2.3. If the application is rejected, the Codes Enforcement

Officer must provide a list of the reasons for the rejection in writing.

An application must be rejected for non-compliance with the terms

of this code, the zoning ordinance, building code, or other

applicable law, regulation, or ordinance.

408.6.3. Permit fee. A nonrefundable fee as set forth in the uncodified

fee schedule adopted by the City Council must accompany all sign

permit applications.

408.6.4. Duration and revocation of permit. If a sign is not installed

within six months following the issuance of a sign permit the permit must

be void. The City may revoke a sign permit under any of the following

circumstances:

408.6.4.1. The City determines that information in the

application was materially false or misleading;

408.6.4.2. The sign as installed does not conform to the sign permit

application;

408.6.4.3. The sign violates this code, the zoning ordinance,

building code, or other applicable law, regulation, or ordinance; or

408.6.4.4. The Code Official/Zoning Administrator determines

that the sign is not being properly maintained or has been

abandoned.

408.7. Appeals and variances

All appeals and variances will be handled by the Board of Zoning

Appeals per Article XI of the City of Pigeon Forge Zoning Ordinance.

408.8. Specific Sign Regulations for Residential Districts. The following sign

regulations apply to Residential Districts:

408.8.1. Size:

408.8.1.1. When a sign is authorized on a property, the sign

must not exceed three (3) square feet in area. Where attached

dwellings exist on a property the total square footage of signs

must not exceed two (2) square feet per dwelling unit and must

not exceed a total of fifteen (15) square feet in area per

structure.

408.8.1.2. For Residential Developments (including subdivision

identification) the maximum size and number of signs that the

owner or owners of the residential development may erect and

maintain at the entrances to the development must be controlled

according to the following:

408.8.1.2.1. Residential developments four (4) acres or

less in area may have a sign or signs with a total area of

no more than thirty-two (32) square feet.

408.8.1.2.2. Residential developments over four (4)

acres but less than forty (40) acres in area may have a

sign or signs which have a total area of no more than

forty-eight (48) square feet.

408.8.1.2.3. Residential developments of forty (40)

acres or more in area may have a sign or signs with a

total area of no more than one hundred two (102)

square feet.

408.8.1.2.4. Announcement signs: One sign of not

more than three (3) square feet shall be permitted for

home occupations and tourist residences. Signs shall

not be illuminated.

408.8.2. Location: Permitted signs may be anywhere on the premises,

except to the extent that they may impair the sight triangle at any

intersection.

408.8.3. Height: The following maximum heights must apply to signs:

408.8.3.1. If ground-mounted, the top must not be over four (4) feet

above the ground; and

408.8.3.2. If building mounted, must be flush mounted and must not

project above the roof line.

408.8.4. Illumination: Illumination may not be used in residential districts.

408.8.5. The following signs are not allowed:

408.8.5.1. Portable Signs, Marquee Signs, Digital Billboard,

Outdoor Advertising Signs, and Projecting Signs.

408.9. Specific Sign Regulations for Commercial Districts

408.9.1. Signs Permitted in Commercial and Industrial Districts C-1, C-2,

& M-1. Signs permitted shall be limited to the following:

408.9.1.1. One ground sign that shall not exceed two hundred (200)

square feet. Must be located no closer than 75 feet from the

nearest ground sign, no closer than 5 feet from any property line,

and no taller than 25 feet.

408.9.1.2. Flat wall signs shall not exceed forty (40) percent of the

front wall space on which it is attached. Flat wall signs may be

located on any wall of the building.

408.9.1.2.1. In the case of a multi-tenant establishment,

each tenant must apply for a sign permit under Section

408.6.2 and may have a maximum flat wall sign of 75 square

feet per leased space.

408.9.1.3. In the case where the property fronts on intersecting or

parallel arterial or collector streets, an additional ground sign may

be located along each of the street frontages, as long as the total

square footage of ground signage does not exceed the maximum

allowed of two hundred (200) square feet.

408.9.1.4. All graphics shall be included as part of the maximum

permitted signage in M-1 Districts, but shall be allowed to serve as

either a part of the maximum permitted signage or as additional

graphics in C-1 and C-2 Districts pursuant to subsection below.

Applicants must present architecture and graphics plans, consisting

of a full set of building elevations, to scale, for review.

408.6.4.1. Additional Graphics: Each business may

utilize an additional 20% of the front façade (measured from

the finished floor to the juncture of the roof and the perimeter

wall of the structure) as graphics (defined in Section

408.2.11). These graphics may be displayed on any side of

the building but the total cannot exceed 20%. Graphics must

be located on the façade and not extend above the juncture

of the roof and the perimeter walls.

408.9.2. Signs Permitted in Commercial District C-3. Signs permitted shall

be limited to the following:

408.9.2.1. The maximum ground signage shall not exceed one

hundred fifty (150) square feet. Must be located no closer than 75

feet from the nearest ground sign and no closer than 5 feet from

any property line.

408.9.2.2. Flat wall signs shall not exceed fifty (50) square feet.

Flat wall signs may be location on any wall of the building.

408.9.3. Signs Permitted in Commercial District C-4. Signs permitted

shall be limited to the following:

Maximum signage permitted:

408.9.3.1. One (1) ground sign with the height and maximum

square footage determined by the street classification it fronts. In

the case where a PUD fronts or intersecting of parallel arterial or

collector streets, a ground sign may be located along each of the

street frontages, as long as the total square footage of signage

does not exceed the amount allowed in this subsection.

Square Footage and Height Restriction by Street Type

for a Ground/Monument Sign in a C-4 District

Street Type

Square footage of

signage allowed

Maximum height of

the sign

Arterial

200 ft

25 ft

Collector

150 ft

20 ft

Local &

Others

100 ft

15 ft

408.9.3.2. A flat wall sign shall be permitted for up to fifteen (15)

percent of the building front (height times linear feet excluding

protrusions). The flat wall sign shall be permitted on any side of the

building but only one side qualifies for a flat wall sign.

408.9.4 Signs Permitted in the Commercial District C-6. Signs permitted

shall be limited to the following:

408.9.4.1. One ground sign that cannot exceed 100 square feet.

As part of the ground signage each parcel can have one LED (or

similar electronic) message board not to exceed 33 square foot.

This square footage must be included in the 100 square feet total

for a ground sign area. The sign support structure can be no higher

than 25 feet and the sign area can be no higher than 20 feet high at

its highest point. Must be located no closer than 50 feet from the

nearest ground sign, and no closer than 5 feet from any property

line.

408.9.4.2. Allowed one flat wall sign not to exceed 75 square feet.

408.9.4.2.1. In the case of multi-tenant establishments,

each tenant must apply for a sign permit under Section

408.6.2 and each tenant can have a flat wall sign up to (10)

percent of the tenant front wall space, to be placed in the

tenant front wall space. In any case, no one flat wall sign can

exceed 75 square feet.

408.9.4.3. In the case where such a development fronts on

intersecting or parallel arterial or collector streets, an additional

ground sign of no more than 50 square feet per sign area is

allowed. This can only be placed along the street which will not

have the main ground sign listed above.

408.9.5. Signs Permitted in the Commercial Districts C-5 and C-7. Signs

permitted shall be limited to the following:

408.9.5.1. Ground Sign: Each controlled district shall be allowed to

have monument signage (either single or divided) at major ingress

and/or egress point(s). These point(s) must be adjacent to (or

feeder for) public road(s) or at the boundary of the property within

the zone. The total signage for any ingress and/or egress points

should not exceed 1,000 square feet allowed for two signs with no

one sign having more than five (500) square feet. Each sign may

be two sided with a digital display not allowed to exceed two

hundred and fifty (250) square feet of the sign area. The height of

any ground sign is not to exceed twenty-five (25) feet from the

monument to the utmost tip of the sign. For purposes of this

ordinance, a controlled district shall be defined as a C-5 zone in

accordance with Section 709 and for the C-7 zone in accordance

with Section 712 of this ordinance.

408.9.5.2. Interior flat wall signs: Signs inside developments do not

need permits.

408.10. Supplemental Criteria in All Districts.

408.10.1. Temporary Signs: Temporary signs are subject to the following

standards:

408.10.1.1. Must not on one property exceed a total of sixteen (16)

square feet in area;

408.10.1.2. Must not be located within any public right-of-way

whether dedicated or owned in fee simple or as an easement;

408.10.1.3. Must only be located on property that is owned by the

person whose sign it is and must not be placed on any utility pole,

street light, similar object, or on public property;

408.10.1.4. Must not be illuminated except as allowed in herein

based on the District in which the sign is located; and

408.10.1.5. Must be removed within ten (10) days after the

election, sale, rental, lease or conclusion of event which is the

basis for the sign under Section 408.5.7 or if a different standard

is required in Section 408.5.7 must be removed within the time

period required by that Section.

408.10.2. Integral Signs: There are no restrictions on sign orientation.

Integral sign must not exceed seventy-two (72) square feet per façade.

Integral signs may be illuminated externally but must not be illuminated

internally.

408.10.3. Private Traffic Direction: Illumination of signs erected as

required by the Manual on Uniform Traffic Control Devices must be in

accordance with Section 408.10. Horizontal directional signs flush with

paved areas are exempt from these standards.

408.10.4. Original Art Display: Original art displays are allowed provided

that they meet the following requirements:

408.10.4.1. Must not be placed on a dwelling;

408.10.4.2. Must not extend more than six (6) inches from the

plane of the wall upon which it is painted or to which it is affixed;

408.10.4.3. Must be no more than sixty-four (64) square feet in

size, per lot or parcel;

408.10.4.4. Must not be illuminated.

408.11. Illumination.

408.11.1. No sign can be erected or maintained without a permit or

which, by use of lights or illumination, creates a distracting or hazardous

condition to a motorist, pedestrian or the general public. In addition:

408.11.1.1. No exposed reflective type bulb, par spot or

incandescent lamp, which exceeds [twenty- five (25) Watts,] must

be exposed to direct view from a public street or highway, but

may be used for indirect light illumination of the display surface of

a sign.

408.11.1.2. When neon tubing is employed on the exterior or

interior of a sign, the capacity of such tubing must not exceed

[three hundred (300) milliamperes] rating for white tubing or [one

hundred (100) milliamperes] rating for any colored tubing.

408.11.1.3. When fluorescent tubes are used for the interior

illumination of a sign, such illumination must not exceed:

408.11.1.3.1. Within Residential districts:

408.11.1.3.1.1. Illumination may not be used in

residential districts.

408.11.1.3.2. Within land use districts other than Residential:

408.11.1.3.2.1. Illumination equivalent to eight

hundred (800) milliampere rating tubing behind a

Plexiglas face spaced at least nine (9) inches,

center to center.

408.11.1.4. An applicant for a permit to illuminate a sign must

submit a plan to the Codes Enforcement Officer showing the

illumination plan including the effect of the illumination on any

other property that might be affected by the light and how the

illumination conforms aesthetically to the site and the

neighborhood.

408.11.1.4.1. The application must be reviewed to

determine the effect on other properties and the

aesthetics of the site and the neighborhood.

408.11.1.4.2. The application must not be approved if the

effect on other properties would create adverse results

and must not be approved if the plan does not conform to

the aesthetics of the neighborhood or the site.

408.11.1.5. In a Residential District the property owner may

use string lights or rope lights to decorate the residence as

well as natural objects without a permit provided:

408.11.1.5.1. String and rope lights must be

designed to meet GCFI standards and installed in

accordance with the National Electric Code.

408.11.1.5.2. String light bulbs and rope lights must

be of standard wattage and designed for outdoor

use.

408.11.1.5.3. String and rope light bulbs may only be white

or clear.

408.11.1.5.4. String and rope lights must be securely hung

from a sturdy fixture.

408.11.1.6. Outdoor lighting of eating or drinking establishments,

such as restaurants, cafes, coffee houses, and bars must

comply with this section and string lights and rope lights may

only be used in outdoor patio areas. All string and rope lights

must be turned off when the establishment is closed.

408.11.1.7. Automated teller machines. Where Automated Teller

Machine (ATM) signs are allowed signs may be placed on the

ATM subject to the following requirements:

408.11.1.7.1. The sign must be an integral part of the ATM;

408.11.1.7.2. May not exceed two and one-half square

feet in total size, including any border or background

color.

408.12. Prohibited Signs. The following signs or lights are prohibited which:

408.12.1. Are of a size, location, movement, coloring, or manner of

illumination which may be confused with or construed as a traffic control

device or which hide from view any traffic or street sign or signal;

408.12.2. Contain or consist of banners, posters, pennants, ribbons,

streamers, strings of light bulbs, spinners, or other similarly moving

devices or signs which may move or swing as a result of wind pressure.

These devices when not part of any sign are similarly prohibited, unless

they are permitted specifically by other legislation;

408.12.3. Have blinking, flashing or fluttering lights or other

illuminating devices which exhibit movement; except LED as

permitted under this and municipal code;

408.12.4. Are roof signs;

408.12.5. Would be an Original Art Display but does not have the

permission of the owner of the property on which it is located or is

graffiti; or

408.12.6. Are portable signs that do not comply with the location, size

or use restrictions of this Code.

408.12.7. Are Graffiti or Clutter signs.

408.12.8. Are abandoned signs.

408.13. Procedures.

408.13.1. Applications for a sign permit must be processed through the

Codes Enforcement Officer and shall be accompanied by the following:

408.13.1.1. An application fee in an amount set by ordinance of

the Board of Mayor and Board of Commissioners.

408.13.1.2. A scale drawing or a grid of the sign showing all

faces and supporting structures and, for signs to be erected

upon a building, a drawing of the building face, which drawing

includes all existing and proposed signs;

408.13.1.3. A site plan of the property showing width of

business facade(s) and the locations and sizes of all existing

and proposed signs;

408.13.1.4. Samples of proposed colors and materials;

408.13.1.5. A description of the type and amount of illumination.

408.14. Nonconformity and Modification.

408.14.1. Except as provided in Section 408.15 below, signs lawfully in

existence on the date the provisions of this Code were first advertised,

which do not conform to the provisions of this Code, but which were in

compliance with the applicable regulations at the time they were

constructed, erected, affixed or maintained must be regarded as

nonconforming, but may remain in place unless such sign is completely

replaced with a new sign. Any replacement sign must adhere to the

requirements of this ordinance.

408.14.2. Signs which were unlawful under the prior Ordinance and

which do not conform to this Code must be removed immediately.

408.14.3. Temporary signs, including snipe signs and graffiti that

do not comply with this Code must be removed immediately.

408.15 Compliance.

408.15.1. Any sign which is altered, relocated, replaced or must be

brought immediately into compliance with all provisions of this Code.

(Section 408: Replaced by Ord. 1107, 4/12/2021)

409. Site Plan Regulations for Commercial, Industrial, and Multi-family

Residential Uses. It is the general purpose and intent of this section to require site

plans for all new developments or redevelopments of commercial, industrial, public and

semi-public, and multi-family residential uses to provide for a lessening of traffic

congestion and for securing adequate light, air, and aesthetic conditions for residents of

the city. These plans shall be approved by the Pigeon Forge Planning Commission as

consistent with this ordinance and with the comprehensive planning program of the city

prior to the issuance of grading or building permits. Site plans for small additions to

existing buildings shall be exempt from review when, in the opinion of the building

official and planning staff, the addition will not adversely affect the general purpose and

intent of these regulations. The site plan shall set forth the proposal for development of

the total land tract and shall meet the following requirements:

409.1. Site plans shall be prepared by either an engineer, surveyor, or architect.

(Amended by Ord. 892, Adopted 6/22/09)

409.2. Topography of existing and finished grades and the location of areas

subject to flooding.

409.2.1 Drainage plans are required on all site plans. Drainage plans

shall be done by a license engineer or surveyor and shall be designed to

handle at least a ten year storm event. Each site plan shall include an on-

site retention facility for all drainage. However, the planning commission

may allow a detention facility or other means of drainage removal if the

increase in storm water at the property line has no increase in post-

development storm water drainage versus pre-development.

(Adoption by Ord. 576 on 9/28/98)

409.3. Location of existing buildings, streets, sidewalks, easements, rights-of-

way, and covenants.

409.4. A plan for vehicular and pedestrian circulation.

409.5. Location of all structures, including signs.

409.6. Utility plans for water, sewer, and power: the power plan shall utilize

an underground system, where feasible. Where an underground system is not

possible, as determined by the planning commission, power service connections

shall be located at the rear of the structure or structures.

409.7. A plan for storm water drainage.

409.8. Plans for landscaping, screening, open space and ingress/egress

points. The landscaping plan shall include landscaping of off-street parking

areas containing the following minimum standards:

409.8.1. Street frontage: a landscaped strip of seven (7) feet in width and

a minimum of one tree for every twenty-five (25) feet.

409.8.2. Interior landscaping: five (5) percent of the interior of the parking

area shall be landscaped and one (1) tree for each three hundred (300)

square feet of landscaped area shall be required along with other

appropriate plant materials.

409.8.3. Perimeter landscaping: a landscaped strip of five (5) feet.

409.8.4. The parking spaces shall be designed and constructed in a

manner that will prevent damage to the landscaping by vehicles or

pedestrian traffic.

409.8.5. The plan shall contain a description of plants and material and

methods for care and maintenance.

409.8.6. The landscaping shall be permanently maintained. (See Section

410).

409.9. A plan for a frontage or parallel access street, if applicable.

409.10. General requirements of a north point, a scale of not less than 1"=20' or

a scale approved by the building official, a location map, acreage of site, location

of solid waste collection points, and any other information deemed pertinent by

the planning commission.

409.11. A surety bond in the amount sufficient to cover all paving and

landscaping provisions shall be required for all site plans. The bond amount

shall be established by the building official and approved by the planning

commission.

409.11.1. The applicant shall complete all requirements within twelve (12)

months following issuance of the building permit. However, the planning

commission may extend the time frame for large projects or unusual

circumstance.

409.11.2. The city manager shall return the surety guarantee following

recommendation of the planning commission.

410. Off-Street Parking Lot Design Requirements. To foster community

appearance, provide orderly, safe, and systematic circulation within parking areas, the

following regulations are established.

410.1. Minimum parking aisle and width dimensions shall be shown as follows:

Stall Depth to Parking

Angle

Wall

Curb

Interlock

Stall Width

Aisle

Width

30 deg

15.5

14.5

12.5

9.0

12.0

45 deg

18.0

16.5

16.0

9.0

13.0

60 deg

19.0

17.5

18.0

9.0

18.0

70 deg

19.5

17.5

18.0

9.0

24.0

90 deg

18.0

16.0

18.5

9.0

24.0

Stall depths are measured perpendicular to the center line of the parking aisle.

410.2. All parking lots shall be paved with asphalt concrete and the aisles shall

be arranged so as to channel traffic and minimize vehicular/pedestrian conflicts.

410.3. All fixed objects within parking lots (utility poles, signs, fire hydrants, etc.)

shall be located within islands to which access by vehicles is physically limited.

These islands shall be appropriately landscaped with grass, shrubs, or other

appropriate plant material which shall not exceed thirty (30) inches in height

above the adjacent paved surface.

410.4. Signs, signals, markings shall be in conformance with the Tennessee

Manual on Uniform Traffic Control Devices. Where needed size reduction of

devices shall be approved, however, shape and color shall meet requirements of

the manual.

410.5. Parking aisles and interior dividers shall be terminated with terminal

islands not less than five (5) feet in width constructed with raised curbs and they

shall be landscaped with appropriate cover.

410.6. Landscaping shall be required as established in Section 409.

410.7. Maintenance of all islands, parking spaces and ways, landscaping, and

traffic control devices within the parking facility is the responsibility of the property

owner. All elements shown on the site plan are to be maintained on a regular

schedule. All structures or plant materials that are damaged must be replaced to

original standards within ninety (90) days. The building official or his designated

representative shall regularly inspect parking lots required to meet these

regulations. The official or his representative shall notify the property owner

and/or manager upon finding deficiencies in structural or landscaped areas.

411. Driveway Regulations. It is the purpose of this section to establish reasonable

and impartial regulations for the location of driveways to promote the safety of the users

of the streets and lands of Pigeon Forge through the control of design, location, and

construction of driveways.

411.1. General Provisions: All driveways shall be located subject to the

following controls:

411.1.1. No driveway shall be constructed within twenty-five (25) feet of an

adjacent street right-of-way line.

411.1.2. Except in residential districts, no part of any entrance may

encroach on the frontage of an adjacent property except where a joint use

driveway is established at the request of both owners.

411.2. Lot frontage requirements for residential uses are as follows:

411.2.1. Lots with less than seventy-five (75) feet frontage shall have one

(1) driveway.

411.2.2. Lots with seventy-five (75) feet to one hundred forty nine (149)

feet frontage shall have one (1) driveway, except permitted uses may

have two (2) driveways if separated by distance equal to the width of the

widest driveway after approval of the plan by the Pigeon Forge Planning

Commission.

411.2.3. Lots with one hundred fifty (150) feet to three hundred ninety-

nine (399) feet frontage may have two (2) driveways.

411.2.4. Lots with over four hundred (400) feet frontage may have one (1)

additional driveway for each additional two hundred (200) feet frontage or

fraction thereof.

411.3. Lot frontage requirements for non-residential uses are as follows:

411.3.1. Lots with less than one hundred forty-nine (149) feet frontage

may have one (1) driveway.

411.3.2. Lots with one hundred fifty (150) feet to three hundred ninety-

nine (399) feet frontage may have two (2) driveways.

411.3.3. Lots with over four hundred (400) feet frontage may have one (1)

additional driveway for each additional three hundred (300) feet.

411.4. The width of all driveways and curb cuts shall be within limits as follows:

411.4.1. Residential uses shall be limited to driveway widths between ten

(10) and twenty-five (25) feet.

411.4.2. Uses serving twenty-five (25) or more large trucks per week shall

have driveway widths between twenty (20) and forty (40) feet.

411.4.3. All other uses shall be limited to driveways widths between fifteen

(15) and thirty (30) feet.

412. Temporary, Mobile, Factory-Built, or Factory Assembled Structures. It shall

be unlawful to place any temporary structure, trailer, mobile structure (including, but not

limited to, cars, vans, trucks, or buses), tents, including tent-type structures, factory-built

structures or factory assembled structures designed for conveyance after fabrication,

either on its own wheels, flatbed truck, or other trailers; on any lot either residential,

commercial, or industrial, within the corporate limits of the City of Pigeon Forge; used

for assembly, business, educational, hazardous, factory, industrial, institutional,

mercantile, residential or storage occupancies, except as noted herein.

412.1. Exceptions. Structures exempted from the provisions of this section shall

include:

412.1.1. Mobile homes located in approved mobile home parks;

412.1.2. Prefabricated structures or modular building units manufactured

off-site and transported to the point of use and installed on a permanent

concrete or masonry foundation as a finished building with permanent

sewer and water connections. Such units shall be inspected at the point

of manufacture and shall bear the insignia of approval of the

commissioner of the Tennessee Department of Commerce and Insurance

or an approved inspection agency, as specified in Tennessee Code

Annotated, Title 58, Chapter 36, Part 3.

412.1.3. Temporary office and storage buildings located on approved

construction sites provided they are removed upon completion of

construction.

412.1.4. Customary accessory storage buildings in approved residential

locations.

412.1.5. Tent used by a person, firm, corporation, or group as an

assembly occupancy for the purpose of a religious meeting, festival, fair,

circus, or carnival for a limited time not to exceed thirty (30) days with

proper permit procedure followed; additional permits may be granted for

up to ninety (90) days in one calendar year.

412.1.6. A person selling fresh produce locally grown in Sevier County or

fresh Christmas trees, in season, and subject to spoilage;

412.1.7. A person who sells his own property which was not acquired

specifically for resale, barter, or exchange and who does not conduct such

sales or act as a participant for furnishing goods in such a sale on a

regular basis.

413. Environmental Impacts - Noise. In all commercial districts, noise impact

control and mitigation measures shall be required. At the time of site plan review, the

planning commission may require additional data and certification that the proposed

activity/development will not generate noise negatively impacting surrounding areas.

413.1. Requirements: If the planning commission deems that a potential for

negative noise impact exists, the following must be provided prior to final site

plan review:

413.1.1. The developer must provide a certified maximum and minimum

decibel output of the proposed activity's operations. An overall total of the

maximum and minimum decibel output for the project is required. If

several different activities, amusements are proposed on the site, as in a

PUD, each activity must have a certified minimum/maximum decibel

output. In addition, each perimeter of the proposed development must

have a certified minimum/maximum decibel output. All certifications must

be done by an appropriate expert with expertise in noise containment,

and/or noise producing equipment, such as rides, may have the

manufacturers specifications on noise output.

413.1.2. The site plan will be reviewed by the city's Environmental Review

Board composed of three to five members, familiar with environmental

control measures, and appointed by the city board. The Environmental

Review Board will review potential decibel outputs of each activity and

review proposed and potential control measures. The Review Board will

recommend to the planning commission acceptance/rejection of the

proposed site plan based on noise or other environmental control

measures. Or, the board may recommend additional measures to be

taken as a contingency on site plan approval.

413.2. Improvements: If the proposed development contains any amusement,

activity, or any perimeter of the property with a maximum decibel output within

ten (10) percent of the maximum decibel output allowed by the Pigeon Forge

Municipal Code or is over the allowable level, site noise containment measures

must be undertaken, and agreements presented as follows:

413.2.1. Site Improvements Measures: Site plans must include noise

containment measures and those measurements must be noted on the

site plan. These measures can include: dirt berms, fabricated barriers,

reduction in the number of rides or activities, muffling of sound, enclosure

of activity or other appropriate remedy. An expert in noise abatement

must design the plans and certify that maximum decibel output of the total

project and each noise producing activity will not exceed the maximum

decibel output allowed in the Pigeon Forge Municipal Code. The

environmental review board must concur or offer counter measures.

413.2.2. Noise Control Agreements: All site plans which have been

required by the planning commission to undergo noise containment review

and certification must also have signed, written agreements. The

developer and/or owner must present these agreements prior to final site

plan review. The agreements must note that the owner(s) and/or

developer(s) understands that maximum decibel output as noted in the

Pigeon Forge Municipal code cannot be exceeded and that the owner(s)

and/or developer(s) agree(s) to correct excessive noise after construction

and operation by installing additional noise containment or abatement

barriers, enclosure, muffling, reduction in the number of amusements

causing excessive noise, curtailment of ours of business, or other

appropriate remedying procedures. The agreements must be notarized.

413.2.3. Final Site Plan Review: Final approval of the site plan in

contingent on all agreements and certification being presented to the

planning commission. (Ord. 383, adopted 12/16/88)

414. Site Plan Regulations for Special Events, Festivals, and Similar Activity

Uses. It is the general purpose and intent of this section to require site plans for special

activities to provide for a lessening of traffic congestion and securing adequate safety

precautions and aesthetic conditions for residents of the City. These plans shall be

approved by the Pigeon Forge Planning Commission as consistent with this ordinance

and with the comprehensive planning program of the City prior to the issuance of

permits. Smaller scale non-profit events, that don’t cause much disruption to

commercial areas, may be reviewed and approved by planning staff. The site plans

shall meet the following requirements. (Amended by Ord. 915, 10/2010)

414.1 Certifications: Each site plan should contain information and

certification of the following.

414.1.1 Is the event a “for profit” activity?

414.1.2 Is the event a charity activity?

414.1.3 Is the event to be located on public property?

414.1.4 Is the event to be located on private property?

414.1.5 What is the duration of the event?

414.1.6 How many hours per day will the event be open?

414.1.7 Certification that all activities on premises are directed

associated with the event group.

414.2 Plan Requirements

414.2.1 Location map, scale, acreage, North point.

414.2.2 Location of areas subject to flood waters.

414.2.3 Location of existing buildings, structures, uses, streets,

sidewalks, off-street parking and ingress/egress points.

414.2.4 The dimensions of the maximum area to be used for the

event.

414.2.5 Location of all activity areas and listing of all activities and

uses.

414.2.6 Location, number and type of all convenience facilities.

414.2.7 Submission of a bond to cover damages to any public

property.

(Replaced in entirety by Ord 1014 – 5/9/2016, Amended Ord. 452

on 12/14/92)

415. Caretaker’s Quarters. A caretaker’s quarter is an on premise facility that

provides a habitable space for a caretaker who is an employee of the business. Such

quarters are not designed as a sleeping area but as a lounge/office area for a shift

employee as a space for carrying out the work of the business. Caretaker’s quarters are

permitted in all commercial zoning districts as a special exception by the Board of

Zoning Appeals. To qualify for a special exception, the owner of the business must

document information that demonstrates a specialized need for a caretaker on a twenty-

four hour basis that a local government cannot provide. All of the following criteria must

be met to qualify for a special exception.

415.1. The quarters must be located in the principal building and not in an

accessory structure apart from the main building.

415.2. No rental of the quarters is permitted. Documentation must be provided

that the occupant is an employee of the business and his/her duties as a

caretaker.

415.3. Only one person per shift is allowed to occupy the quarters.

415.4. The area may not be larger than 400 square feet with one bathroom and a

kitchenette facility. No sleeping quarters are permitted.

415.5. Must meet all building codes for human habitation.

(Section 415 was adopted by Ord. 977 on 4/10/2014)

416. Off-Premise Canvass (OPC) Stations. Off-Premise Canvassing Stations shall

be allowed as permitted uses in all commercial districts provided the OPC meets all site

plan requirements and all city ordinances. (Ord. 1014 – 5/9/2016, Revised Ord 1070 –

2/11/2019)

ARTICLE V. APPLICATION OF REGULATIONS

501. Use. Except as herein provided, no building or land shall hereafter be used and

no building or part thereof shall be erected, moved or altered unless for a use expressly

permitted by and in conformity with the regulations herein specified for the district in

which it is located.

502. Street Frontage. No dwelling shall be erected on a lot which does not abut on at

least one street for at least forty (40) feet except that residential planned unit

developments may be excluded from this provision through the plan approval process

for planned unit developments.

503. Corner Lots. The minimum width of a side yard along an intersecting street

shall be fifty (50) percent greater than the minimum side yard requirements of the

district in which the lot is located.

504. One Principal Building on a Lot. Only one principal building and its customary

accessory buildings may hereafter be erected on any lot; except that planned unit

developments may be excluded from this provision on the approval of the planning

commission.

505. Reduction of Lot Size. No lot shall be reduced in area so that yards, lot area

per family, lot width, building area or other provisions of this ordinance shall not be

maintained.

506. Yard and Other Spaces. No part of a yard or other open space required about

any building for the purpose of complying with the provisions of this ordinance shall be

included as a part of a yard or other open space required under this ordinance for

another building.

507. Conformity to Subdivision Regulations. No building permit shall be issued for

or no building shall be erected on any lot within the municipality, unless the street giving

access to the lot upon which said building is proposed to be placed shall have been

accepted or opened as a public street prior to that time or unless such street

corresponds in its location and lines with a street shown on a subdivision plat approved

by the Pigeon Forge Planning Commission and such approval entered in writing on the

plat by the secretary of the commission.

508. Customary Accessory Buildings in Residential Districts. Accessory buildings

are permitted provided they are located in rear yards and not closer than five (5) feet to

any property line. Buildings shall also comply with the setback from an intersecting

street and not cover more than twenty (20) percent of any required rear yard.

509. Height and Density. No building or structure shall hereafter be erected or

altered so as to exceed the height limit, to accommodate or house a greater number of

families, to have narrower or smaller front yards or side yards than are required or

specified in the regulations herein for the district in which it is located.

510. Annexations. All territory which may hereafter be annexed to the City of Pigeon

Forge, Tennessee, shall be considered to be in the R-l Low Density Residential District

until otherwise classified.

511 Short-Term Rentals in the R-1 Zone. The City has determined that regulation of

Short-term Rental Units is necessary in the R-1 District in order to protect the health,

safety, and welfare of the public, as well as to promote the public interest by regulating

the methods of operation. To meet these ends, the City has determined that all

persons eligible to operate Short-Term Rental Units in the R-1 District within the City

must be issued a permit pursuant to the requirements of this section.

511.1 Eligibility to Obtain a Permit in the R-1 District. Only those property

owners located in R-1 who were using their property as a short-term rental, as

that term is defined in T.C.A. § 13-7-602(3)(B), on or before August 13, 2018

and who remitted taxes due on renting their property pursuant to T.C.A. Title 67,

Chapter 6, Part 5 for filing periods that cover at least six (6) months within the

twelve-month period immediately preceding that date are eligible to utilize their

property for short-term rentals.

511.2 Operating Permit Required. Once thirty (30) days have passed from the

passage of this Ordinance it shall be unlawful to operate or advertise any Short-

term Rental Unit within the R-1 District without a Short-term Rental Unit

Operating Permit issued under this section.

511.2.1 Exceptions will be made for qualifying property owners who are

eligible to utilize their property as a short-term rental and have applied for

a permit within the thirty-day timeframe but have steps to take in order to

meet the permitting requirements. A reasonable time will be provided to

the owner to allow the remaining requirements for a permit to be met.

511.3. Application Requirements. Every qualifying property owner desiring to

operate a Short-term Rental Unit shall submit an application for an Operating

Permit to the Community Development Director or his/her designee. In addition

to the information required by the application itself, the Community Development

Director or his/her designee may request other information reasonably required

to allow the City to process the application. The permit application shall not be

considered complete until the Community Development Director has all

information as required by the application or otherwise. Each application shall

contain at the least all of the following information.

511.3.1 Applicant much acknowledge that they have read all regulations

pertaining to the operation of a Short-Term Rental Unit within the R-1

District, including this Section, the City's business license requirements,

the City's occupancy privilege tax requirements, any additional

administrative regulations promulgated or imposed by the City to

implement this Section, and acknowledging responsibility for compliance

with the provisions of this article.

511.3.2 Applicant must submit an Affidavit of Life Safety Compliance

acknowledging that during each Short-term Rental Unit Occupancy, the

Rental Unit shall have on the premises, and installed to manufacturer

specifications: (i) a smoke alarm meeting Underwriters Laboratory (UL)

217 standards inside each sleeping room, outside of and within fifteen

feet of sleeping rooms, and on each story of the dwelling unit, including

basements; (ii) a carbon monoxide detector within 15 feet of all

bedrooms; and (iii) a fire extinguisher. Every smoke and carbon

monoxide alarm must function properly with the alarm sounding after

pushing the test button and the fire extinguisher must be operational. It

shall be unlawful to operate a Short-term Rental Unit without a smoke

alarm, carbon monoxide detector, and fire extinguisher as required by this

section. The Affidavit must also specifically include the number, locations,

and operation of the required life safety equipment for the Short-term

Rental Unit. This equipment will be subject to verification or inspection

before the initial permit is issued, at all other reasonable times upon

reasonable notice, and such other times as any safety incident

concerning the Rental Unit is reported to the City.

511.3.3 If a lessee is operating a Short-term Rental Unit, the lessee shall

provide the full legal name of the owner of the Short-term Rental Unit; (ii)

the mailing address, email address, and telephone number(s) of the

owner; and (iii) the owner’s signature acknowledging the owner’s

understanding of all City Short-term Rental Unit rules and verifying the

owner’s agreement that they are legally responsible and liable for

compliance by the lessee and all occupants of the Short-term Rental Unit

with all provisions of this Section and other applicable ordinances of the

City.

511.3.4 Applicant must designate a person who shall be available twenty-

four (24) hours per day, seven (7) days per week for the purpose of: (i)

being able to physically respond, as necessary, within forty-five (45)

minutes of notification of a complaint regarding the condition, operation,

or conduct of occupants of the Short-term Rental Unit; and (ii) taking any

remedial action necessary to resolve any such complaints. This contact

person may be the owner, a lessee, or the owner's agent.

511.3.5 Applicant must provide the full legal name, street and mailing

addresses, email address, and telephone number of the owner of the

Short-term Rental Unit, and in cases where a business entity or trust is

the owner of the property, the individual who has responsibility for

overseeing the property on behalf of the business entity or trust, including

the mailing address, email address, and telephone number of the

individual having such responsibility. If the owner of a Short-term Rental

Unit is a business entity, the business must submit documentation to

demonstrate that the business is in good standing with the Tennessee

Secretary of State.

511.3.6 A site plan and floor plan accurately and clearly depicting the size

and location of the existing dwelling and the approximate square footage

in the dwelling, the number and location of designated off-street parking

spaces and the maximum number of vehicles allowed for overnight

occupants. The floor plan shall also describe the use of each room in the

dwelling, the number, location and approximate square footage of all

bedrooms, and any accessory buildings, including but not limited to

garages and accessory dwelling structures or units.

511.3.7 Applicant and owner (if different), must acknowledge in writing

that in the event a permit is approved and issued, Applicant and owner (if

different) assume all risk and indemnify, defend and hold the City harmless

concerning the City's approval of the permit, the operation and

maintenance of the Short-term Rental Unit, and any other matter relating

to the Short-term Rental Unit.

511.3.8 Applicant must provide a valid business license and vacation

lodging services license, if applicable, along with proof that Applicant

remitted taxes due on renting the Short-term Rental Unit, pursuant to Title

67, Chapter 6, Part 5 of the Tennessee Code for filing periods that cover

at least six (6) months within the twelve-month period immediately

preceding the date this Ordinance is adopted.

511.4 Types of Operating Permits. There are three (3) types of permits

available under this Section.

511.4.1 Owner Occupied. This type of permit is available to owner’s

who utilize the property as their principal residence, except in the

instance of duplexes as further described in this section. A person can

only hold one (1) Owner Occupied Operating Permit in the City, and it is

only available to natural persons. The owner is not required to remain or

be present at the Short-term Rental Unit during the period when it is used

as a short-term rental.

a. If there is an accessory dwelling structure on the property, this type of

Operating Permit can be used for either the primary dwelling or the

accessory structure, but not for both. If the property houses a legal

duplex and an owner owns both sides of the duplex, this type of

Permit is available to the owner for either side of the duplex so long

as the owner’s principal residence is on one side of the duplex.

b. Proof of ownership and residency is required for this type of Permit

and shall be established by the deed for the property as recorded in

the Sevier County Register of Deeds Office. Residency shall be

established by at least two (2) of the following documents, which must

list the address of the Short-term Rental Unit on the document: 1)

owner’s motor vehicle registration; 2) a valid driver’s license or TN

identification card for owner; 3) the address used for the school

registration of owner’s children; 4) the owner’s voter registration card;

or 5) owner’s W-2 form reflecting the property address.

c. At least one owner listed on the deed for the Short-term Rental Unit

must establish residency at the Short-term Rental Unit.

511.4.2 Non-Owner Occupied. This type of Permit is available to an

owner or lessee of the property and is available to a natural person or a

business entity. Upon application for a Non-Owner-Occupied Permit, if a

lessee is applying, they must provide the owner’s signature as set forth

above.

511.4.3 Unoccupied. This type of permit is available to a non-occupant

owner of premises where the premises are only occupied when used as

a Short-term Rental Unit and are available to natural persons and

business entities. These permits may also be held by an owner’s agent,

such as a rental company, with the rental company providing the same

information and guarantees as is required of a lessee of property.

a. If there is an accessory dwelling structure on the property, the Permit

can be used for the primary dwelling or accessory dwelling structure,

but not for both. If a property houses a legal duplex and an Owner

owns both sides of the duplex, only one side of the duplex can be

used.

511.5 Fees. An application for an Operating Permit under this article shall be

accompanied by a fee of Three Hundred ($300.00) Dollars. Said fee is

designed to reimburse the City for the cost of processing the application and

inspecting the Short-term Rental Unit. There shall be no proration of fees, and

once paid, they are non-refundable.

511.6 Issuance of Permit. Once the Community Development Director or

his/her designee has determined that the application is complete, a permit shall

be issued or denied within fourteen (14) business days. If the Community

Development Director is satisfied that the application and the Short-term Rental

Unit conform to the requirements of this Section and other applicable laws and

Ordinances, a permit shall be issued to Applicant. If the application or Short-

term Rental Unit does not conform to the requirements of this Section or other

pertinent laws or ordinances, the permit shall not be issued, but the Applicant

will be advised in writing of the deficiencies and be given a reasonable

opportunity to correct them. If not corrected within a reasonable period of time,

the application will be permanently denied and written notice of the denial given.

The Operating Permit shall be valid for one (1) calendar year from the date of

issuance, unless the Operating Permit is revoked pursuant to this article or

terminated by Ordinance or otherwise.

511.7 Permit Renewal. Unless suspended or revoked for a violation of any

provision of this Section or other law, City ordinance or rule, a permit may be

renewed annually upon payment of a renewal fee of One Hundred ($100.00)

Dollars, unless one of the conditions set forth in Section 501.14 are applicable.

As with the application fee, this fee is designed to compensate the City for the

cost incurred in processing the application and taking any other action

necessary to attempt to ensure the Applicant’s compliance with this Ordinance.

The renewal fee shall be paid no later than fourteen (14) business days prior to

the expiration date for the current permit. A renewal application shall be

submitted to the office of the Community Development Director. A renewed

Operating Permit shall be good for one (1) calendar year from the date of

issuance.

511.8 Permit Non-Transferable. A permit issued under this Section is non-

transferable, and any attempt to transfer it shall render the Permit void. A

transfer of the ownership interest in the property itself shall also render the

Permit void, whether the transfer is voluntary or involuntary and whether by

deed, court order, foreclosure, by law, or otherwise.

511.9 No Vested Rights. Except in instances where constitutional principles or

binding state or federal laws otherwise provide, the provisions of this article and

any ordinances or other measures concerning Short-term Rental Units are not a

grant of vested rights to continue as a Short-term Rental Unit indefinitely. Any

Short-term Rental Unit use, and permits for Short-term Rental Units, are subject

to provisions of other ordinances, resolutions, or other City measures

concerning Short-term Rental Units that may be enacted or adopted at a later

date, even though such ordinances, resolutions, or other City measures may

change the terms, conditions, allowance, or duration for Short-term Rental Unit

use, including but not limited to those that may terminate some or all Short-term

Rental Unit uses, with or without some period of amortization. While this

recitation concerning vested rights is implicit in any uses permitted by the City,

this explicit recitation is set forth to avoid any uncertainty or confusion.

511.10 Compliance with City and State Laws. It shall be unlawful to operate a

Short-term Rental Unit in a manner that does not comply with all applicable city

and state laws, and any violation shall subject the violator to a fine of Fifty

($50.00) Dollars for each violation. For any violation, each day that the violation

exists shall constitute a separate offense.

511.11 Operation without Permit. Any Short-term Rental Unit operating or

advertising for operation without a valid permit shall be deemed a public safety

hazard. The City may issue the operator, the owner, and the local contact

person a civil citation for operating a Short-term Rental Unit or advertising one

for operation without a permit and the penalty for such is Fifty ($50.00) Dollars

per day per Unit.

511.12 Public Nuisance. It is unlawful and a violation of this article and is

hereby declared a public nuisance for any person to commit, cause, or maintain

a violation of any provision of this Section or to otherwise fail to comply with any

requirement contained in this Section. The operation or maintenance of a Short-

term Rental Unit in violation of this article or any other City Ordinance may be

abated or summarily abated by the City in any manner permitted by this Code or

otherwise provided by law for the abatement of public nuisances. The City may

issue civil citations to the operator, owner, occupants, and local contact person for

any violation of this article or any other City ordinance by the operator, owner,

local contact person, or occupants of the Short-term Rental Unit, and the

penalty for such is Fifty ($50.00) Dollars per day.

511.13 Complaints. All complaints regarding Short-term Rental Units shall be

filed with the Community Development Director or his/her designee. Those

making complaints are specifically advised that any false complaint made

against a Short-term Rental Unit owner or provider is punishable as perjury

under T.C.A. § 39-16-702. For any complaint made, the City shall provide

written notification of the complaint by regular mail to the operator and owner (if

different) of the property at the address(es) provided on the application on file.

The City shall investigate the complaint, and within thirty (30) days of the date

notice was sent to the operator, the operator shall respond to the complaint, and

may present any evidence they deem pertinent, and respond to any evidence

produced by the complainant or obtained by the City through its investigation. If,

after reviewing all relevant material, the City finds the complaint to be supported

by a preponderance of the evidence, the City may take, or cause to be taken,

enforcement action as provided in this Section or otherwise in the Zoning

Ordinance, Municipal Code, or the generally applicable law.

511.14 Revocation of Permit. The City may permanently revoke an Operating

Permit if the City discovers that: 1) an Applicant obtained the permit by

knowingly providing false information on the application; 2) the continuation of

the Short-Term Rental Unit presents a threat to public health or safety; 3) the

owner ceases to own the property; 4) the property is not used as a Short-Term

Rental for a period of thirty (30) months or more; 5) there has been a violation of

a generally applicable local law three (3) or more separate times arising as a

result of the operation of the property as a Short-Term Rental Unit and all

appeals from the violations have been exhausted.

511.15 Appeal of Denial or Revocation. If a permit is revoked, the Community

Development Director shall state the specific reasons for the revocation. Any

person whose application has been denied or whose Operating Permit has

been revoked may appeal such denial by submitting a written request for a

hearing to the Community Development Director within ten (10) days of the

denial or revocation. A hearing shall be conducted by the City’s Planning

Commission at its next regularly scheduled meeting, and the Applicant or Permit

Holder must be present for the appeal to be heard. The Planning Commission

shall consider whether the denial or revocation was justified and whether good

cause exists to issue or reinstate the permit. The decision of the Planning

Commission shall be issued verbally during the course of the meeting and the

Applicant or Operating Permit Holder shall be given the opportunity to address

the Planning Commission. Should the Applicant or permit holder fail to appear,

the appeal shall be dismissed. The decision resulting therefrom shall be final

and subject only to judicial review pursuant to state law.

511.16 Additional Remedies. The remedies provided in this section are not

exclusive, and nothing in this section shall preclude the use or application of any

other remedies, penalties or procedures established by law.

511.17 City Shall Not Enforce Private Agreements. The City shall not have

any obligation or be responsible for making a determination regarding whether

the issuance of an Operating Permit or the use of a dwelling as a Short-term

Rental Unit is permitted under any private agreements or any covenants,

conditions, and restrictions or any of the regulations or rules of the homeowners’

association or maintenance organization having jurisdiction in connection with

the Short-term Rental Unit, and the City shall have no enforcement obligations

in connection with such private agreements or covenants, conditions and

restrictions or such regulations or rules. If the Short-term Rental Unit operator is

a lessee, the owner of the Short-term Rental Unit shall provide written

acknowledgement and agreement to the Short-term Rental Unit, but the City

shall not have any obligation or be responsible for verifying the ownership

information.

511.18 Taxes. All Short-term Rental Unit Operators are responsible for

applicable taxes, including, but not limited to, Hotel Occupancy Privilege Tax,

local option sales tax, and gross receipts tax to the City, sales tax to the State of

Tennessee, and gross receipts tax to the State of Tennessee.

511.19 Advertising. It shall be unlawful to advertise any Short-term Rental Unit

without the Operating Permit number clearly displayed on the advertisement. For

the purposes of this section, the terms "advertise," "advertising" or

"advertisement" mean the act of drawing the public's attention to a Short-term

Rental Unit in any forum, whether electronic or non-electronic, in order to

promote the availability of the Short-term Rental Unit.

511.20 Maximum Occupancy. The number of transients in a Short-term Rental

Unit shall not exceed the sum of two (2) transients per bedroom plus two (2)

additional transients; however, the maximum occupancy of the Short-term

Rental Unit shall not exceed twelve (12) persons, including transients and any

other individuals residing in or otherwise using the Short-term Rental Unit.

511.21 Severability. The City hereby declares that should any section,

paragraph, sentence, phrase, term or word of this ordinance be declared for any

reason to be invalid, it is the intent of the City that it would have adopted all

other portions of this Ordinance independent of the elimination of any such

portion as may be declared invalid. If any section, subdivision, paragraph,

sentence, clause or phrase of this Ordinance is for any reason held to be invalid

or unconstitutional, such decision shall not affect the validity of the remaining

portions of this Ordinance.

(Ord. 1065, 8/13/2018)

ARTICLE VI. ESTABLISHMENT OF DISTRICTS

For the purpose of this ordinance, the City of Pigeon Forge, Tennessee, is hereby

divided into eight (8) classes of districts as follows:

Residence: R-1 District - Low Density

Residence: R-2 District - High Density

Commercial: C-1 District - General Commercial

Commercial: C-2 District - Tourist Commercial

Commercial: C-3 District - Neighborhood Commercial

Commercial: C-4 District - Planned Unit Commercial

Commercial: C-5 District – Commercial Amusement Park

Commercial: C-6 District – Mixed-Use Commercial

Industrial: M-1 District - Industrial

The boundaries of these districts are hereby established as shown on the revised map

entitled "Zoning Map of the City of Pigeon Forge, Tennessee, dated April 10, 2006, and

all amendments thereof, which are a part of this ordinance and which is on file in the

City Hall. Unless otherwise specifically indicated on the map, the boundaries of districts

are lot lines or the center lines of streets or alleys or such lines extended, the corporate

limit lines or the center lines of streams or other water bodies. Questions concerning

the exact locations of district boundaries, shall be determined by the Pigeon Forge

Board of Zoning Appeals.

ARTICLE VII. PROVISIONS GOVERNING USE DISTRICTS

701. R-1 (Low Density) Residential. It is the purpose and intent of this district to

establish low density residential areas along with open areas which appear likely to

develop in a similar manner. The requirements of the district are designed to protect

the total characteristics of the district, to promote and encourage and environment for

family life and to restrict all business orientated activities, including tourist residence

uses.

In order to achieve the purpose and intent of the R-1 (Low Density) district, as shown on

the zoning map of the City of Pigeon Forge, Tennessee, the following uses are

permitted:

701.1. Single family residences, except mobile homes.

701.2. Two family residences.

701.3. Single and two family PUD's, except mobile homes.

701.4. Customary general farming.

701.5. Customary home occupations are permitted subject to the following:

701.5.1. There is no external evidence of the occupation, except an

announcement sign as permitted in Section 408.8.1.2.4.

701.5.2. Only two (2) persons not residents of the dwelling may be

employed.

701.5.3. Not more than thirty (30) percent of the total floor area of the

building is used.

701.6. Public owned buildings and uses, following approval by the planning

commission as required in Tennessee Code Annotated, 13-4-104, schools

offering general education and churches provided:

701.6.1. A site plan is reviewed and approved by the planning

commission.

701.6.2. The buildings are placed not less than fifty (50) feet from side

and rear property lines.

701.6.3. There are buffers of plant materials with a minimum of six (6)

feet in height along side and rear property lines.

701.7. Tennis clubs, country clubs, and other similar uses which are

characteristically associated with ample open space areas and recreation or

leisure activities, and are used for social purposes which restrict participation to

members and guests only, provided that:

701.7.1. The facility is developed as a Planned Unit Development;

701.7.2. There are planted buffer strips along property lines;

701.7.3. The facility is located adjacent to a major street shown on the

Pigeon Forge Major Road Plan.

701.7.4. Any outside lighting of courts, parking lots, or other facilities shall

be designed and constructed in such a manner as to not cause

inconvenience to other uses in the immediate area.

701.8. Signs as regulated in Section 408.

701.9. Customary accessory buildings provided they are located in rear yards

and not closer than five (5) feet to any property line.

701.10. Short-term rental of residences located in the R-1 District shall be

permitted only if the residence was being utilized as a short-term rental (as that

term is defined in T.C.A. § 13-7-602(3)(B)) on or before August 13, 2018, the

date on which Section 511 was added to Article V of the Zoning Ordinance;

however, the owner of the property must apply for a permit, in the manner set

forth in Article V, Section 511, within sixty days of the passage of this Ordinance,

and take the required steps to timely obtain a valid permit within a reasonable

time thereafter. (Ord. 1065, 8/13/2018)

702. R-2 (High Density) Residential. It is the purpose and intent of this district to

provide areas for high density residential development plus open areas where similar

development is likely to occur. Professional services are permitted in the district

provided that they meet applicable standards, are limited so as not to encourage

general commercial activity, and are located on a major street as noted on the major

road plan.

In order to achieve the purpose and intent of the R-2 (High Density) Residential District,

as shown on the Zoning Map of the City of Pigeon Forge, Tennessee, the following

uses are permitted:

702.1. Any use permitted in the R-1 Residential District.

702.2. Multi-family dwellings.

702.3. Residential planned unit developments, including mobile home parks.

702.4. Boarding and rooming houses, and bed and breakfast inns.

702.5. Medical clinics and hospitals, funeral homes, fraternal organizations,

clubs not operated for profit, day care centers providing care and supervision for

more than eight (8) children for periods of less than twenty-four (24) hours, and

professional offices of doctors, lawyers, accountants, architects, dentists, real

estate and insurance agencies and similar uses provided:

702.5.1. They are located on a major street noted on the Pigeon Forge

Major Road Plan.

702.5.2. The buildings shall be placed at least thirty (30) feet from the

front property lines and twenty-five (25) feet from the side and rear

property lines for professional offices of doctors, lawyers, accountants,

architects, dentist, real estate and insurance agencies provided that there

are no more than six (6) people employed per parcel. Other uses specified

in 702.5 are required to have setbacks of fifty (50) feet from all property

lines. (Adopted by Ord. #463 on 11/8/93)

702.5.3. There is a planted buffer strip erected on side and rear property

lines;

702.5.4. A site plan is approved by the planning commission.

702.5.5. Existing buildings may be utilized provided that the provisions of

this ordinance are met as closely as possible and that no parking shall be

allowed in front yards.

702.6. Tourist residences that meet all applicable city ordinances for housing

transient residents provided:

702.6.1. A site plan showing the location of the principal building, any

accessory buildings, off-street parking spaces, and any other information

deemed pertinent is approved by the planning commission.

702.6.2. Off-street parking requirements shall be determined by the

planning commission based on maximum sleeping accommodations and

upon the standards set forth in Section 407.3.4, as amended. (Ord. 788,

Adopted 2/13/06)

703. C-1 General Commercial District. It is the purpose and intent of this district to

establish an area for concentrated commercial development that the general public

requires. The regulations are designed to protect the essential characteristics of the

district by promotion of general business, professional and service uses, public uses,

and limited residential uses which serve the general public; and to discourage general

industrial and wholesale uses. The regulations are also designed to encourage

grouping of compatible commercial activities in which parking and traffic congestion can

be reduced to a minimum. Therefore, prior to the issuance of building permits for all

new construction, site plans, as required by Section 409, shall be reviewed and

approved by the planning commission to determine if the projects meet all requirements

and are in keeping with the comprehensive planning program of the City of Pigeon

Forge, Tennessee.

In order to achieve the purpose and intent of this district, as shown on the Zoning Map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

703.1. Multi-family dwellings.

703.2. Commercial and multi-family PUD's.

703.3. Stores and shops conducting retail business.

703.4. Public buildings and uses on approval of the Pigeon Forge Planning

Commission, as required by Tennessee Code Annotated 13-4-104.

703.5. Personal, business, and professional services, excluding junkyards,

storage yards, and other similar uses.

703.6. Semi-public buildings and uses on approval of a site plan by the Pigeon

Forge Planning Commission.

703.7. Lodges and clubs, hotels and motels, restaurants and similar services.

703.8. General recreation, amusement, and assembly uses.

703.9. Amusement parks, provided they meet lot size requirements of C-4

district.

703.10. Wholesale business and warehousing.

703.11. Funeral homes.

703.12. Gasoline service stations provided that all structures, including

underground storage tanks, shall be placed not less than twenty (20) feet from all

property lines.

703.13. Signs as regulated under Section 408.

704. C-2 Tourist Commercial District. It is the purpose and intent of this district to

establish areas that encourage the grouping of compatible commercial uses and tourist

related uses, reduce traffic and parking congestion, and improve the aesthetic

characteristics of the city. The regulations are designed to protect the general public

and provide sufficient spaces for tourist related activities. Therefore, prior to the

issuance of building permits for all new construction, site plans, as required by Section

409 shall be reviewed; and shall be approved by the planning commission to determine

if the projects meet all requirements and are in keeping with the comprehensive

planning program of the City of Pigeon Forge, Tennessee.

In order to achieve the purpose and intent of this district, as shown on the Zoning Map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

704.1. Any use permitted in the C-l District, except auto repair garages, auto and

mobile home sales lots, and funeral homes.

704.2. Travel trailer parks.

704.2.1 Recreational Vehicle Sales within travel trailer parks.

(Ord. 541, Adopted 5/12/97)

704.3. Day care centers.

704.4. Hospitals and clinics.

704.5. Veterinary clinics.

704.6. Signs as regulated by Section 408.

704.7 Duplexes. (Ord. 846, Adopted 10/8/2007)

705. C-3 Neighborhood Commercial District. It is the purpose and intent of this

district to establish areas to serve surrounding residential districts. The regulations are

intended to discourage strip development and encourage grouping of uses in which

parking and traffic congestion will be reduced, thereby protecting the general public and

promoting a more desirable and aesthetically pleasing community. Therefore, prior to

the issuance of building permits for all new multi-family and commercial construction,

site plans as required by Section 409, shall be reviewed and approved by the planning

commission to determine if the projects meet all requirements and are in keeping with

the comprehensive planning program of the City of Pigeon Forge, Tennessee.

In order to achieve the purpose and intent of this district, as shown on the Zoning Map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

705.1. Any use permitted in the R-2 Residential district, subject to the area, yard,

and height requirements of the R-2 district.

705.2. Multi-use commercial centers.

705.3. Grocery stores, drug stores, hardware stores, shoe repair shops, barber

and beauty shops, laundromats, restaurants, and similar uses.

704.4. Professional offices for doctors, lawyers, accountants, dentists,

architects, real estate and insurance agencies, day care centers, and similar

uses.

705.5. Day care centers.

705.6. Gasoline service stations, provided all structures and pump islands,

including underground storage tanks shall be placed not less than twenty (20)

feet from all property lines.

705.7. Signs as regulated by Section 408.

706. C-4 Planned Unit-Commercial District. It is the purpose and intent of this

district to establish areas for major planned unit developments of commercial and/or

residential uses, thereby achieving flexibility in design through the clustering of activities

in areas specifically designed to accommodate the uses and to discourage traffic

congestion and secure adequate light, air, and aesthetic qualities for local citizens and

visitors. The regulations are designed to promote efficient use of land and achieve a

more economical arrangement of buildings, circulation systems, land uses, and utilities.

The regulations will preserve, to the greatest extent possible, the existing landscape

features and amenities and utilize total planning of all land tracts in a harmonious

manner in order to protect the environmental integrity and quality of the property within

this district, and promote the highest quality of development. These include protection of

natural resource areas, the preservation of key scenic vistas by encouraging the use of

underground utilities and signage that will contribute to the character of the area. Also

promote a balance between lodging uses and other visitor and local oriented uses that

minimizes development footprints to prevent soil loss and storm water runoff. The

development within this district will be characterized by interconnected streets, walking

paths, and outdoor activities. Therefore, prior to the issuance of building permits within

this district, site plans as required by Sections 407 and 409 shall be reviewed and

approved by the planning commission. These plans shall meet all requirements of this

ordinance and be consistent with the comprehensive planning program of the City of

Pigeon Forge, Tennessee. (Ord. 899, Adopted 11/9/2009)

In order to achieve the purpose and intent of this district as shown on the Zoning Map of

the City of Pigeon forge, Tennessee, the following uses are permitted:

706.1. Single family dwellings, except mobile homes, subject to area, yard, and

height requirements of the R-1 Residential District.

706.2. Commercial planned unit developments of not less than two (2) acres,

subject to requirements established in Sections 407 and 409.

706.2.1. Additional Height Restrictions. Provided the total property is at

least 60 acres and developed under one ownership or long term lease

hold interest and developed as a Planned Unit Development (PUD) that

encompasses at least 10 developed acres and constructs a minimum of

100,000 square feet of leasable commercial area; an amusement ride,

tower, spire, and similar use as determined by the BZA are allowed two

hundred (200) feet tall as measured from ground level of the nearest

arterial street. An emergency evacuation plan must be submitted with the

site plan showing evacuations routes/areas and procedures for an

emergency call and scenarios for rescue. Any amusement over 85 feet in

height must have a fall zone or setback area equal to its height or 200

feet, whichever is less. The fall zone means an area free and clear of any

other amusement, land use or structure. The fall zone may be included in

the development’s set back area; however, parking lots may not be

located in the fall zone. As a special exception, one waiver may be

approved for an amusement over eighty-five (85) feet in height subject to

the owner/operator submitting calculations and documentation from

licensed professional engineers which confirm the structure will meet or

exceed the designated requirements for the region and that the

amusement meets ASTM F24, DIN or equivalent requirements. Fall zones

must be noted on the site plan. No such addition waivers are permitted for

any development that proposes to have more than one amusement over

eight-five (85) feet in height. Each amusement over the one waiver

permitted must have a fall zone setback of one foot in setback area for

every one foot in height for each amusement. The fall zone must be an

area free and clear of any other amusement, land use, structure, road, or

parking area. The amusement, tower or spires must have front yard

setback of a least 150 feet from property lines. (Ord. 1040 – 8/14/2017)

706.3. Recreational attractions of not less than two (2) acres, subject to

requirements established in Sections 407 and 409. (Ord. 899, Adopted

11/9/2009)

706.4. Residential or mixed residential/commercial planned unit developments of

not less than two (2) acres, subject to requirements established in Sections

407and 409.

706.4.1: Uses Permitted:

706.4.1.1. Hotel/Lodging and Short Term Rentals.

706.4.1.2. Multi-family residential.

706.4.1.3. Restaurants/Food Service

706.4.1.4. Retail Use.

706.4.1.5. Professional Offices Space.

706.4.1.6. Outdoor Recreational Attractions.

706.4.1.7. Theatres.

706.4.1.8. Wineries: Manufacturing, Sales, & Tasting/Sampling

(Must be a minimum of 400 feet from Highway 441,

Parkway).

706.4.1.9. Distilleries: Manufacturing, Sales, & Tasting/Sampling

(Must be a minimum of 400 feet from Highway 441,

Parkway).

706.4.2: Uses Prohibited:

706.4.2.1. Junkyards.

706.4.2.2. Mobile home parks.

706.4.2.3. Storage yards.

706.4.2.4. Flea Markets.

706.4.2.5. Adult Oriented Businesses.

706.4.2.6. Tattoo Parlors.

706.4.2.7. Psychic Shops/Stores.”

(Section 706.4.1 added by Ord. 1088, Adopted 1/13/2020)

706.5. Churches, subject to a minimum lot size of one (1) acre and the approval

of a site plan as required by Section 409.

706.6. Public buildings and uses on approval by the Pigeon Forge Planning

Commission as required by Tennessee Code Annotated, 13-4-104.

706.7. Signs as regulated by Section 408.

706.8. Frontage or parallel streets or dedication of street right-of-way shall be

prepared by a licensed civil engineer.

706.8.1. The plan for a frontage or parallel street or right-of-way dedication

shall be prepared by a licensed civil engineer.

706.8.2. These streets shall be designed in conjunction with the right-of-

way of the arterial street with the property to be developed and to match

future extension of the frontage or parallel street on adjacent properties.

706.8.3. The property owner shall be responsible for the dedication of the

required rights-of-way for the construction of the street, and for drainage

and paving and other requirements deemed pertinent by the city engineer

or his designated representative.

706.8.4. Construction specifications shall be determined by the City of

Pigeon Forge.

706.8.5. Frontage or parallel access streets shall extend the entire length

of the land parcel or use to allow for connection to adjacent properties.

On corner lots, additional lengths of street may be required to provide a

safe ingress from the intersecting street.

706.8.6. Frontage or parallel access streets shall be designed and

constructed in general compliance with the Pigeon Forge Subdivision

Regulations; provided, however, the minimum improvement width of the

street shall be twenty-two (22) feet between curbs and a minimum right-of-

way width shall not be less than ten (10) feet greater than the street's

surface improvement width.

706.8.7. Access points from frontage or parallel access streets to the

arterial streets shall only be at median crossover points or as designated

on the Zoning Map of Pigeon Forge, Tennessee.

706.8.8. All frontage or parallel access streets shall be approved by the

Pigeon Forge Planning Commission and shall be dedicated and accepted

as public streets.

706.8.9. All frontage or parallel access streets shall have adequate traffic

control measures including signage, markings, and striping.

706.8.10. Unique situations may exist which would require a waiver from

these requirements. Such a waiver may be considered by the Pigeon

Forge Planning Commission only after detailed studies are prepared by

the developer.

706.8.11. Since adjoining properties are not likely to develop at the same

time, access to the existing arterial street shall be provided on a temporary

basis through the issuance of a temporary access permit. The temporary

permit shall expire upon the extension of the frontage or parallel access

street to the nearest arterial crossover point. Additionally, if conditions

warrant, the construction of the frontage or access street may be delayed

by the developer until an adjoining land parcel is scheduled for

development.

706.9. Screening Along Residential District Boundaries: To assist in preventing

the transmission of light and noise and to generally cushion the ramification of

commercial uses on a residential district, screening shall be required where a

development abuts any residential district. The screening shall meet the

following requirements:

706.9.1. It shall be of such plant materials as will provide year-round

evergreen screening.

706.9.2. It shall not be less than six (6) feet in height.

706.9.3. It shall be from the grade of the property upward.

706.9.4. It shall be permanently maintained.

707. M-1 Industrial District. It is the purpose and intent of this district to establish

areas for industrial activities and heavy commercial establishments along with open

areas which will likely develop in a similar manner. The regulations are designed to

protect the essential community characteristics and to promote and encourage

industrial, wholesaling, and commercial uses and to discourage residential

development. Therefore, prior to the issuance of building permits for all new

construction, site plans as required by Section 409, shall be reviewed and approved by

the planning commission to determine if the projects are in keeping with the

comprehensive planning program of the City of Pigeon Forge, Tennessee.

In order to achieve the purpose and intent of this district, as shown on the Zoning map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

707.1. Any use permitted in commercial districts except residential uses.

707.2. Terminals.

707.3. Wholesale business.

707.4. Warehouses.

707.5. Storage yards and buildings and similar uses.

707.6. Any industry which does not cause injurious or obnoxious noise, fire

hazards or other objectionable conditions as determined by the planning

commission.

707.7. Sexually oriented businesses are permitted only in M-1 Industrial

Districts, provided that there is a distance of at least 600 feet between the parcel

occupied by the sexually oriented business and any residential structure, or any

parcel occupied by a school, church, day care facility, or other sexually oriented

business. For the purpose of this section, measurements shall be made in a

straight line in all directions without regard to intervening structures or objects,

from the closest point on the sexually oriented business’s property line to the

closest point of a residential structure, or to a property line of a land use identified

in the first sentence of this section. A landscaping buffer shall be provided along

all rear and side setbacks for twenty (20) feet in depth, staggered evergreens,

each with a caliper of 2 and 1/2 inch minimum. Other landscaping standards as

enumerated in other parts of the zoning code shall still be required. (Ord. 821,

Adopted 3/12/2007)

707.7.1. Adult Oriented Businesses: (Adopted by Ord. 593 on 4/26/99,

Repealed by Ord. 821 on 3/12/2007)

708. FP-1 (Floodplain) District. The Floodplain Overlay District is intended to

regulate the use of flood prone lands within the city and to ensure that all development

upon such land is in accordance with the National Flood Disaster Act of 1973, and any

subsequent amendments thereof. The district’s boundaries shall be established in

accordance with and corresponding to the city’s Flood Damage Prevention Ordinance,

the Sevier County Flood Insurance Study, and all applicable Flood Insurance Rate

Maps issued by the Federal Emergency Management Agency. The FP-1 district is

established as an overlay district, which places an additional layer of requirements upon

the underlying zoning. Within the overlay district no land development, improvement, or

building project shall be undertaken unless said project is in conformance with the city’s

adopted Flood Damage Prevention Ordinance and a permit has been issued by the

city’s building permit and inspection office documenting compliance with said ordinance.

(Paragraph Added by Ord. 888, Adopted 4/13/09. The new regulations are contained in

Ord. 896, Adopted 9/14/09 and in the appendices of this code. Previous Flood

Ordinances: Ord. 889, Adopted 4/13/09; Ord. 511, Adopted 11/27/95; Ord. 503,

Adopted 9/11/95)

709. C-5 Commercial Amusement Park District. It is the purpose and intent of this

district to provide a controlled district for amusement parks, theme parks, water parks,

entertainment parks and/or themed resorts. Within this district, self-contained

amusement type parks are allowed which provide a wide range of services for the park's

visitors. The C-5 district is to provide a safe habitat for multi-use amusements and

facilities; yet, ensure that traffic congestion along major arteries, such as the Parkway,

are not negatively impacted by activities, and events contained within the parks. For the

purpose of this zoning district and regulations, a parcel that has seventy five (75)

contiguous acres under one ownership will be referenced as “a”. Parcels that are

seventy five (75) contiguous acres under different ownerships will be referenced as “b”

(Ord. 957, Adopted 5/13/2013).

In order to achieve the purpose and intent of this district, as shown on the Zoning map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

709.1. Uses Permitted:

709.1.1 Amusement parks, theme parks, water parks, entertainment

parks and/or themed resorts including all types of rides, shows and

associated support facilities.

709.1.2 Hotels, motels, cabins, and condominiums.

709.1.3 Restaurants.

709.1.4 Retail Sales.

709.1.5 Crafts, fairs, and shows on premise.

709.1.6 Manufacturing, wholesale, and retail sales of craft and specialty

items such as soap, ironwork, wood work, glass work and assorted food

items such as jams, jellies, chow chow, and similar products.

(709.1.7 “Tethered Helium Balloons” were removed by Ord 1032 –

3/13/2017, adopted Ord. 934 – 12/12/2011)

709.2. Special Exceptions:

709.2.1. Recreational vehicle parks associated with amusement parks.

709.2.2 Staff Housing.

709.2.3 Wildlife rescue and display.

709.2.4. Any use similar in nature to the uses permitted or to the above

as determined by the Board of Zoning Appeals..

709.3 Uses Prohibited: Any use not permitted herein.

709.4. Area Requirements: No Parcel may be zoned C-5 unless it has: “a”

seventy-five (75) contiguous acres under one ownership and liability or “b”

seventy-five (75) contiguous acres with different ownerships and liabilities.

709.5. Set Backs: For tracts referenced as “a”, the front, rear and side yard

setbacks are twenty five (25) feet. For tracts referenced as “b”, each individual

tract has the front, rear and side yard setbacks as fifteen (15) feet. A setback of

100 feet applies to all structures exceeding 100 feet in height.

709.6. Signs: (Ord. 957, Adopted 5/13/2013, Removed by Ord. 1107, 4/12/2021)

709.7. Graphics: (Ord 1032 – 3/13/2017, Ord. 934 – 12/12/2011, Removed by

Ord. 1107, 4/12/2021)

709.8. Traffic Circulation: The amusement parks, water parks, theme parks,

entertainment parks and themed resorts must have an internal street system that

safely manages traffic flow and connects to a public road or thoroughfare.

709.9. Height Restrictions: Non-amusement facilities, such as motels, hotels,

convention centers, observation towers, are limited to eighty-five (85) feet in

height: Amusement rides; spires, towers, and similar uses as determined by the

BZA are limited to 200 (feet) in height. (Ord 1032 – 3/13/2017, Ord. 934 –

12/12/2011). Each amusement is required to have a self-contained emergency

evacuation plan. The plan for the emergency evacuation must be reviewed by

the appropriate authority prior to the operation of the amusement.

709.10: Fall Zone: Any amusement over 85 feet in height must have a fall zone

or setback area equal to its height or 100 feet whichever is lesser. The fall zone

means an area free and clear of any other amusement, land use, or structure.

The fall zone may be included in the park’s set back area; however, parking lots

may not be located in the fall zone. As a special exception a waiver may be

approved subject to the owner/operator submitting calculations and

documentation from licensed professional engineers which confirm the structure

will meet or exceed the designated requirements for this region and that the

amusement meets ASTM F24, DIN or equivalent requirements.

709.11. Other requirements: Any other requirements of the Pigeon Forge

Zoning Ordinance shall be met.

(Replaced all by Ord. 882, Adopted 12/8/08 – Original C-5 Zone: Ord. 560,

Adopted 3/23/98; Amendment of Sections 709.8 & 709.9 Ord. 582, Adopted

10/12/98)

710 Heliports

(A) Definition of heliport means land or any structure situated on land from

which helicopters take off and land. Heliports do not include facilities operated

by a health care institution as defined under State law or land on which a

helicopter makes a landing required by an emergency.

(B) The operation of a heliport within the City of Pigeon Forge is hereby

declared a public nuisance and shall be abated, removed or changed to

conform with the provisions of this Ordinance and therefore the operation

of a heliport is hereby prohibited in all zones of the City including but not

limited to R-1, R-2, C-1, C-2, C-3, C-4, C-5 and M-1.

(Ord. 808, Adopted 8/14/06)

711. C-6 Mixed-Use Commercial District: It is the purpose and intent of this district

is to promote economic development while protecting the scenic, cultural, historic, and

environmental integrity of major corridor areas in Pigeon Forge. This is to be

accomplished by allowing a mixed-use of commercial and residential activities by using

flexibility in design. However, development is to be understated by discouraging traffic

congestion, having signage that is low key, adequate lighting that is not invasive, etc.

The regulations are designed to promote low impact development through the efficient

use of land and achieve a more economical arrangement of buildings, circulation

systems, land uses, and utilities and encourage the concept of pedestrian oriented

development to allow safe pedestrian access throughout the district. The regulations will

promote the preservation of existing landscape and the efficient use of new

landscaping, signage, outdoor lighting and underground utilities to provide a more

aesthetically pleasing community that will contribute to the overall character of the

district.

In order to achieve the purpose and intent of the this district, as shown on the Zoning

Map of the City of Pigeon Forge, Tennessee, the following uses are permitted:

711.1: Uses Permitted:

711.1.1 Single Family homes that do not access directly onto an arterial

street. Must meet lot size and setbacks of an R-1 district (Section 801).

711.1.2 Commercial and residential PUD’s.

711.1.3 Grocery Stores, Drug stores, Hardware stores, Laundromats.

711.1.4 Hotels, Motels, and overnight and weekly rentals.

711.1.5 Multi-family residential.

711.1.6 Multi-use commercial centers.

711.1.7 Stores and shops conducting retail business.

711.1.8 Churches.

711.1.9 Public Buildings.

711.1.10 Travel Trailer Parks.

711.1.11 Restaurants.

711.1.12 Outdoor Recreational Attractions.

711.1.13 Theatres.

711.1.14 Hospitals and clinics.

711.1.15 Professional offices for doctors, lawyers, accountants,

architects, real estate and insurance agencies, and other similar uses.

711.1.16 Light Manufacturing as defined in Article 3. Welding shops are

permitted.

711.1.17 Banks.

711.1.18 Wineries: Manufacturing, Sales, & Tasting/Sampling (Must be a

minimum of 400 feet from Highway 441, Parkway) – (Amended by Ord.

1089 Adopted 1/13/2020)

711.1.19 Distilleries Manufacturing and Sales (Ord. 987 – 8/11/2014)

711.2 Uses Prohibited:

711.2.1 Junkyards.

711.2.2 Mobile home parks.

711.2.3 Storage yards.

711.2.4 Flea Markets.

711.2.5 Adult Oriented Businesses.

711.2.6 Tattoo Parlors

711.2.7 Psychic Shops/Stores

711.3: Uses Permitted on Review by the Board of Zoning Appeals in a C-6

District:

711.3.1 Auto Repair Shops: provided that there are no more than 6

parking spaces in the front of the building. No other car storage is allowed

in the front of the building or front yard. It is encouraged that car storage

be in the rear yard behind the building. Any car storage in the side yard or

rear yards must be screened by trees every 10 feet. These trees must be

a caliper of 2 and ½ inch minimum that can grow to a minimum of 20 feet

high. All other landscaping requirements of this ordinance also apply.

711.3.2 Auto Sales: provided that there is a minimum of 50 cars.

711.3.3 Local Crafts and Furniture Shops: provided outdoor chainsaw

art working/demonstration areas are not in the rearyard and setback from

the public at least 20 feet. Outdoor displays must be as close to the

buildings as possible and should never be in the ROW of any street.

Additionally, they must be 20 feet from the property line off any arterial

street.

711.3.4 Day Care Centers: provided if there are more than 8 children it

must be located on at least a collector street. Day care centers with more

than 25 children must be located on an arterial street. Playgrounds must

be in the side or back yard and screened by a solid fence or a chain fence

that has evergreen trees that surround the perimeter at least every 10

feet. There must be a drive-thru for pick-up and drop-off. No more than 8

parking spaces on site.

711.3.5 Wholesale business and warehousing: provided that if the

façade is sheet metal or cinderblock type, that evergreen trees be placed

around the perimeter of the building at least every 15 feet. It must also be

located within one quarter mile of an arterial road. If the lot fronts an

arterial road it must be setback at least 35 feet from the front property line

and 15 feet from side and rear property lines. Vehicles of all sizes which

will need to access the warehouse, including any City vehicles, must be

able to maneuver onsite without any portion of the vehicle protruding into

the roadway or onto any other parcel. Warehouses must be 500 feet from

a residential structure unless located on an arterial street or must be an

expansion of an existing warehouse use. (Ord. 1058 – 6/11/2018)

711.3.6 Gas Stations/Convenience stores: provided a lighting plan is

submitted which conforms to the lighting requirements of this zone.

Intensity of lighting shall not exceed the following maximum requirements:

711.3.6.1 Store canopies = 15.0 foot candles.

711.3.6.2 Other areas around the store = 10.0 foot candles.

711.3.6.3 Within 20 ft. adjacent to residential zones = 0.5 foot

candles

711.3.6.4 Within 20 ft. adjacent to all other zones = 0.5 foot

candles

711.3.7 Amusements: provided all amusements are less than 60 feet in

height, with an equal fall zone. A lighting and sound plan is submitted.

711.3.7.1 Sound will be no greater than:

 65db before 10 PM and 55db after 10 PM adjoining

commercial uses.

 55db before 10 PM and 50db after 10 PM adjoining

residential uses.

711.3.7.2 The lighting plan submitted must conform to the lighting

requirements of this zoning. Intensity of lighting shall not exceed:

 15 foot candles throughout the amusement areas.

 Around buildings = 10.0 foot candles.

 Within 20 ft. adjacent to residential zones = 0.5 foot

candles.

 Within 20 ft. adjacent to all other zones = 0.5 foot

candles.

711.3.8 Horseback Riding Stables: provided all livestock are kept a

minimum of 100 feet from all roadways. Adequate facilities must be

provided on site for the protection of all animals during inclement weather,

with all stables, riding trails, and grazing areas fenced by non-barbed or

electric fencing. Structures of a permanent nature, which meet all building

codes and ADA requirements, must be provided for ticketing and other

facilities for the public. No temporary structures are allowed. Parking

must be provided on the site plan at 1 space for every 4 horses on the

property and 1 space for every 4 employees. (Ord. 935, Adopted

12/12/2011)

711.4: Signs Permitted in the Mixed Use Commercial District C-6: (Removed

by Ord. 1107, 4/12/2021).

711.5: Utility Plans: The power plan shall utilize an underground system. Where

an underground system is not possible, as determined by the planning

commission, power service connections shall be located at the rear of the

structure or structures.

711.6: Landscaping:

711.6.1. Credit for Existing Vegetation: Existing vegetation on site should

be preserved as much as possible to complement any new landscaping

and may be credited towards the requirements of this subsection. Such

areas shall be shown on the required landscape plan to be maintained..

711.6.2. Plant Diversity: Unless otherwise approved by the Pigeon Forge

Planning Commission, all plant materials used to meet the landscape,

buffer, or screening requirements shall conform to current edition of The

Right Tree for the Right Place provided by the City of Pigeon Forge Tree

Board.

711.6.3. Minimum Size at Time of Planting: All trees at the time of planting

shall be a minimum caliper of 1 1/2 “ or a minimum height of five (5) feet.

711.6.4. Stabilization : All landscape planting areas shall be stabilized and

maintained with seed, sod, ground covers, mulches, or other approved

materials to prevent soil erosion and allow rainwater infiltration.

711.6.5. Planting in Easements: Nothing except small trees, shrubs or

groundcover shall be planted or installed within any underground or

overhead utility, drainage, or gas easement without the written consent of

the utility provider, easement holder or city.

711.6.6. Plans for landscaping, screening, open space and ingress/egress

points. The landscaping plan shall include landscaping containing the

following minimum standards:

711.6.6.1. Street frontage: a landscaped strip of seven (7) feet in

width and a minimum of one tree for every twenty-five (25) feet.

711.6.6.2. Interior landscaping: five (5) percent of the interior of

the parking area shall be landscaped and one (1) tree for each

three hundred (300) square feet of landscaped area shall be

required along with other appropriate plant materials.

711.6.6.3. Perimeter landscaping: a landscaped strip of five (5)

feet.

711.6.6.4. The parking spaces shall be designed and constructed

in a manner that will prevent damage to the landscaping by

vehicles or pedestrian traffic.

711.6.6.5. The plan shall contain a description of plants and

material and methods for care and maintenance.

711.6.6.6. The landscaping shall be permanently maintained. (See

Section 410).

711.6.7. Landscaping addition: Requirements for interior landscaping in

parking areas for commercial site plans under section 409.8.2 may be

waived if trees/landscaping are placed around the perimeter the parking

areas and the building(s) at one (1) tree every twenty (20) feet. The

remaining site plan landscaping requirements under section 409.8 still

apply, as well as, requirements contained in this district

711.7: Sanitation: All dumpster must be screened from view on three sides.

This could be done by any combination of trees, landscaping, or brick or split-

faced block enclosures.

711.8: Exterior Lighting:

711.8.1. Exterior lighting of the building and site shall be designed so that

light is not directed off the site and the light source is shielded from direct

offsite viewing. All outdoor light fixtures shall be either shielded, designed

or provided with light angle cut-offs, have 45 degree down directional flood

lighting, or recessed. This is to eliminate uplighting, spill light, and glare.

711.8.2. Excessive illumination of signage, building, or site shall be

avoided. Roof lighting, down-lighting that washes the building walls, and

illuminated awnings are strongly discouraged.

711.8.3. Fixture mounting height should be appropriate for the project and

the setting. The mounting height of fixtures in smaller parking lots or

service areas shall not exceed twenty feet. Lower mounting heights may

be required where sites are adjacent to residential areas or other sensitive

land uses. Low, bollard-type fixtures shall be used at 3 to 4 feet in height

in pedestrian areas for lighting.

711.8.4. Motion activated lights shall be utilized wherever feasible.

711.9: Screening Along Residential District Boundaries: To assist in

preventing the transmission of light and noise and to generally cushion the

ramification of commercial uses on a residential district, screening shall be

required where a development abuts any residential district. The screening shall

meet the following requirements:

711.9.1. It shall be of such plant materials as will provide year-round

evergreen screening.

711.9.2. It shall not be less than six (6) feet in height.

711.9.3. It shall be from the grade of the property upward.

711.9.4. It shall be permanently maintained.

(Added by Ord. 923, Adopted 4/11/11)

712. C-7 Planned Unit/Public Use Development: It is the purpose and intent of this

district to provide a collaborative effort between commercial planned unit developments

and the City of Pigeon Forge. This is to be accomplished by allowing a themed park

with mixed land uses in a planned unit development that has been created through

extensive site planning and contractual agreements with City officials. This type of

Planned Unit/ Public Use Development will offer the City of Pigeon Forge land space

and/or building space/construction to facilitate the needs of tourists and residents alike.

Public dedication and commitment of land or building space to Pigeon Forge may

include: fire halls, police departments, greenways, parking garages, educational

facilities or educational uses, arenas, stadium, flood control areas, water and/or sewer

facilities or other publically needed uses. Conversely, the City may provide services

necessary to facilitate the health, safety and welfare of tourists and citizens such as

parking lots or garages, trolleys, vehicular access, traffic lights, on site safety services

or similar public services. As in other zoning district, this planned unit district must

provide environmentally safe design through negating traffic congestion, effective use of

landscaping, greenways, pedestrian movement, non-intrusive lighting, stormwater

control and provide a plan for modern environmentally “green” sensitivity. A minimum of

twenty (20) contiguous acres is required for a planned unit/public use development.

In order to achieve the purpose and intent of this district, as shown on the zoning map

of the City of Pigeon Forge, Tennessee, the following uses are permitted:

712.1: Uses Permitted:

712.1.1. Retail sales of clothing.

712.1.2. Crafts and craft demonstrations, trinkets, gifts, themed giftware,

music and similar items.

712.1.3. Overnight lodging.

712.1.4. Restaurants.

712.1.5. Museums and exhibits.

712.1.6. Movie theaters.

712.1.7. Dinner theaters, amphitheaters, and live shows.

712.1.8. Wineries: Manufacturing, Sales, & Tasting/Sampling (Must be a

minimum of 400 feet from Highway 441, Parkway) – (Amended by Ord.

1089 Adopted 1/13/2020)

712.1.9. Offices.

712.1.10. Outdoor recreational attractions.

712.1.11. Parking garages and governmental services provided by the

City of Pigeon Forge.

712.1.12. Multi-family Residential Properties.

712.1.13 Distilleries Manufacturing and Sales (Ord. 987 – 8/11/2014)

All uses must have a direct relation to the themed development.

712.2: Uses Prohibited:

712.2.1. Single family homes.

712.2.2. Hospitals and clinics.

712.2.3. Flea markets.

712.2.4. Adult businesses.

712.2.5. Psychics.

712.2.6. Storage yards/facilities.

712.2.7. Mobile home parks.

712.2.8. Auto/RV sales and repair and travel trailer parks.

712.2.9. Grocery stores.

712.2.10. Tattoo parlors.

712.2.11. Drug stores.

712.2.12. Hardware stores.

712.2.13. Laundromats.

712.2.14. Junkyards.

712.2.15. Spires, look-out towers, observation decks.

712.2.16. Similar uses as deemed similar to the above by the Board of

Zoning Appeals.

712.3: Uses Permitted on Review by the Board of Zoning Appeals in a C-7

District:

712.3.1: Day Care Centers: provided that all requirements of the State of

Tennessee are met and the day care center is for the employees,

tourists/guests of the themed development. Day care centers will not be

permitted for general commercial or residential off-site traffic.

712.3.2: Amusements: provided all amusements are less than two

hundred (200) feet tall as measured from ground level at the Parkway

(Highway 441). An emergency evacuation plan must be submitted with the

site plan showing evacuations routes/areas and procedures for an

emergency call and scenarios for rescue. Any amusement over 85 feet in

height must have a fall zone or setback area equal to its height or 200

feet, whichever is less. The fall zone means an area free and clear of any

other amusement, land use or structure. The fall zone may be included in

the development’s set back area; however, parking lots may not be

located in the fall zone. As a special exception, a waiver may be approved

for the one amusement over eighty-five (85) feet in height subject to the

owner/operator submitting calculations and documentation from licensed

professional engineers which confirm the structure will meet or exceed the

designated requirements for the region and that the amusement meets

ASTM F24, DIN or equivalent requirements. Fall zones must be noted on

the site plan. No such waivers are permitted for any development that

proposes to have more than one amusement over eight-five (85) feet in

height. Each amusement over the one waiver permitted must have a fall

zone setback of one foot in setback area for every one foot in height for

each amusement. The fall zone must be an area free and clear of any

other amusement, land use, structure, road, or parking area.

712.4: Decibel Levels: No amusement, amphitheater, live show, theatre or

similar use may operate at decibel levels greater than 90 db as measured at the

outer property line of the planned unit development until 11:00 P. After 11 pm

and before 8:00 A.M., no decibel level is permitted on site to exceed 55db.

712.5: Maximum Height of Buildings: Other than the height limitation of

amusements, no other building may exceed eighty (80) feet in height. This

includes buildings for human occupancy such as hotels, motels, cabins,

restaurants, retail sales sites, theaters and other building uses allowed in this

zone.

712.6: Setbacks: Except as noted for fall zone areas, all other buildings must

have a setback of ten (10) feet from the outer property line of the themed

development. Internal building’s setbacks shall meet the currently adopted

building code.

712.7: Landscaping:

712.7.1. Credit for Existing Vegetation: Existing vegetation on-site should

be preserved as much as possible to compliment any new landscaping

and may be credited towards the requirements of this subsection. Such

areas shall be shown on the required landscaping plan and shall be

maintained in the same manner as new plantings.

712.7.2. Plant Diversity: Unless otherwise approved by the Pigeon Forge

Planning Commission, all plant materials used to meet the landscape

buffer or screening requirements shall conform to the current edition of the

Right Tree for the Right Place provided by the City of Pigeon Forge Tree

Board.

712.7.3. Minimum Size at Time of Planting: All trees at the time of

planting shall be a minimum caliper of 1 and ½ or a minimum height of five

(5) feet.

712.7.4. Stabilization: All landscape planting areas need to be stabilized

and maintained with seed, sod, ground covers, mulches, or other

approved materials to prevent soil erosion and allow rainwater infiltration.

712.7.5. Planting in Easements: Nothing except for small trees, shrubs or

ground cover shall be planted or installed within any underground or

overhead utility, drainage or gas easement without the written consent of

the utility provider, easement holder or city.

712.7.6. Plans for landscaping, screening, open space, ingress/egress

points. The landscaping plan shall include landscaping containing the

following minimum standards:

712.7.6.1. Street Frontage: a landscaped strip of seven (7) feet in

width and a minimum of one tree for every twenty-five (25) feet.

712.7.6.2. Interior Landscaping: Five (5) percent of the interior of

the parking area shall be landscaped and one tree for each three

(300) hundred square feet of landscaped area shall be required

along with other appropriate plant materials.

712.7.6.3. Perimeter Landscaping: A landscaped strip of five (5)

feet is required.

712.7.6.4. Parking Spaces: The parking spaces shall be designed

and constructed in a manner that will prevent damage to the

landscaping by vehicular or pedestrian traffic.

712.7.6.5. Description of Materials: The plan shall contain a

description of plants and material and methods for care and

maintenance.

712.7.6.6. Maintenance: The landscaping shall be permanently

maintained (see section 410.7).

712.7.7. Landscaping Addition: Requirements for interior landscaping in

parking areas for commercial site plans under 409.8.2 may be waived if

trees/landscaping are placed around the perimeter of the parking areas

and the buildings at one (1) tree every twenty (20) feet. The remaining site

plan landscaping requirements under section 409.8 still apply in addition to

requirements in this district.

712.7.8. Screening Along Residential Districts: To assist in preventing the

transmission of light and noise and to generally cushion the ramification of

commercial uses on a residential district, screening shall be required

where a development abuts any residential district. The screening shall

meet the following requirements:

712.7.8.1. It shall be of such plant materials as will provide year-

round evergreen screening.

712.7.8.2. It shall not be less than six (6) feet in height.

712.7.8.3. It shall be from the grade of the property upward.

712.7.8.4. It shall be permanently maintained.

712.8. Sanitation: All dumpsters must be screened from view on three sides

with any combination of trees, landscaping, brick or split faced block enclosures.

712.9. Streetscape: A streetscape plan must be submitted identifying all

pedestrian movement areas including sidewalks and greenways, trolley stops

with covers, trolley access, benches, water fountains, pedestrian entrance areas,

public rest rooms, lighting locations and type.

712.10. Parking: All parking shall meeting the requirements in Section 402 and

403 except where there is a publically owned parking lot within seven hundred

(700) feet of the development, or a parking lot/garage cost is agreed to be shared

between the developer and the City of Pigeon Forge that will meet the

requirements of Sections 402 and 403 with expansion capability for other

projects/developments at the discretion of the City. Parking proposed for any

state or city right-of-way shall not count towards any parking requirements.

712.11. Exterior Lighting: Exterior lighting of the building and site shall be

designed so that light is not directed off the site and the light source is shielded

from direct off-site viewing. All outdoor light fixtures shall be shielded, designed

or provided with light angle cut-offs, have 45 degree down directional flood

lighting, or recessed in order to eliminate uplighting, spill light and glare.

712.11.1. Excessive illumination of signage, building or site shall be

avoided. Roof lighting, down lighting that washes the building walls, and

illuminated awnings are prohibited.

712.11.2. Fixture mounting height should be appropriate for the project

and the setting. The mounting height of fixtures in smaller parking lots or

service areas shall not exceed twenty (20) feet. Lower mounting heights

may be required where sites are adjacent to residential areas or other

sensitive land uses. Low bollard type fixtures shall be used at three (3) to

four (4) feet in height in pedestrian areas for lighting.

712.11.3. Motion activated lights shall be utilized wherever feasible.

712.12. Utility Plans: The power plan shall utilize and underground system.

Where an underground system is not possible, as determined by the planning

commission, power service connections shall be located at the rear of the

structure or structures.

712.13. Signage: (Removed by Ord. 1107, 4/12/2021)

ARTICLE VIII

801. Area, Yard, and Height Requirements. For the purpose of this ordinance, area, yard, and height requirements for the district

classifications of the City of Pigeon Forge, Tennessee, Zoning Ordinance are hereby established as follows:

(Amended by Ord. 1032 – 5/13/2017, Ord. 995 – 1/12/2015, Ord. 957 - 5/13/13; Ord. 923 - 4/11/11, Ord. 714 - 11/10/03; Ord. 756 - 3/28/05; and Ord. 560 - 3/23/98)

Area, Yard, and Height Requirement by District in the City of Pigeon Forge

District

Area in

Square Feet

Minimum Lot Size

Per Addition

Family (sq. ft)

Lot Width in Feet **

Minimum Yard Requirements From Property Lines

Maximum

Height of

Structures

Front

Side (Each Side)

Rear

R-1

10,000

70 ft

30 ft

15 ft***

25 ft***

35 ft

R-2

7,000

3,500

60 ft

30 ft

8 ft per story***

25 ft***

35 ft

C-1

FAR not greater than 1.0

35 ft*

Per building code

80 ft

C-2

FAR not greater than 1.0

35 ft*

Per building code

80 ft

C-3

FAR not greater than 1.0

35 ft*

20 ft

70 ft

C-4

Arterial Streets

25 ft

85 ft****

Collector Streets

25 ft

48 ft****

Residential Streets

25 ft

35 ft****

M-1

FAR not greater than 1.0

30 ft

20 ft

25 ft

75 ft

C-5(a)

None

50 ft****

Buildings 70 ft

Rides 200 ft

C-5(b)

None

15 ft****

70 ft

C-6

FAR not greater than 1.0

35ft*(a)

Per building

code*****

Per building

code*****

70 ft

C-7

None

10ft

Buildings 80 ft

Rides ****

* Except no setback on 441 and setback are measured from the center line of the street

** Except on cul-de-sac

*** Accessory structures – Section 508

**** Structure and amusement setbacks of Sections 709.5, 709.10, 706.2.1, & 712.3.2 apply.

ARTICLE IX. EXCEPTIONS AND MODIFICATIONS

901. Lot of Record. Where the owner of a lot consisting of one or more adjacent lots

of official record at the time does not own sufficient land to enable him to conform to the

yard or other requirements of this ordinance, an application may be submitted to the

Board of Zoning Appeals for a variance from the terms of this ordinance, in accordance

with Article XI. Such lot may be used as a building site, provided, however, that the

yard and other requirements of the district are complied with as clearly as is possible in

the opinion of the Board of Zoning Appeals.

902. Adjoining and Vacant Lots of Record. A plat of land consisting of one or more

adjacent lots with continuous frontage in single ownership which individually are less

than lot widths required by this ordinance, such groups of lots shall be considered as a

single lot or several lots of minimum permitted size and the lot or lots in one ownership

shall be subjected to the requirements of this ordinance.

903. Front Yards. The front yard requirements of this ordinance for dwellings shall

not apply to any lot where the average depth of existing front yards on developed lots

located within one hundred (100) feet on each side of such lot and within the same

block and zoning district and fronting on the same street as such lot, is less than the

minimum front yard shall be the average of the existing front yard depths on the

developed lots.

904. Group Housing Projects. In the case of a group housing project or two or more

buildings to be constructed on a plot of ground of at least one acre not subdivided into

the customary streets and lots and which will not be so subdivided or where the existing

or contemplated street and lot layout make it impracticable to apply the requirements of

this ordinance to the individual building units in such housing projects, a special

exception to the terms of this ordinance may be made by the board of zoning appeals in

a manner that will be in harmony with the character of the neighborhood, will insure

substantially the same character of occupancy and an intensity of land use no higher

and a standard of open space no lower than that permitted by this ordinance in the

district in which the project is to be located. However, in no case shall the board of

zoning appeals authorize a use prohibited in the district in which the project is located or

a smaller lot area per family than the minimum required in such district, or a greater

height or a larger coverage than the requirements of this ordinance permit in such a

district.

905. Exception on Height Limits. The height limitations of this ordinance shall not

apply to church spires, public belfries, cupolas and domes not intended for human

occupancy, monuments, water towers, observation towers, transmission towers,

windmills, chimneys, smokestacks, derricks, conveyors, flag poles, radio towers, masts

and aerials, except height requirements shall apply to telecommunication towers.

Telecommunication towers shall include but not be limited to cellular, radio and

television towers and each shall be constructed on a separate parcel with the minimum

undeveloped square feet totaling at least a one to one ratio for set backs of one ground

foot for every one foot of tower height. No telecommunication tower shall be placed on

any parcel that is subject to clear cutting and each telecommunication tower parcel shall

have a buffer zone one hundred feet wide on all sides forested with trees, each of which

have four inch caliper width. Each telecommunication tower shall be constructed only

upon the posting with the City of a performance bond equal in amount to twenty (20%)

percent of the construction cost for the performance of tower demolition upon the

termination of the towers use. (Telecommunication Section added by Ord. 649,

Adopted 4/23/01)

906. Exception on Off-Street Parking. Upon the approval of an incentive

agreement by the City Commission, the Planning Commission, through the site

plan approval process, may exempt all, or a portion of the off-street parking

requirements of this ordinance for the development or redevelopment of a major

project, if all of the following criteria are met:

a. The nature of the project and site are such that the provision of off-street

parking under the general terms of this ordinance would detract from the

project and /or be infeasible to provide;

b. The site will be developed as a Planned Unit Development (PUD) and

encompass at least ten (10) acres in area, contain a minimum of one hundred

thousand (100,000) square feet of leaseable commercial area, and

reasonably be expected to generate at least twenty million dollars

($20,000,000) in gross annual sales upon completion; and

c. Adequate parking is or will be made available in a municipally owned lot

adjacent to the property in question.

(All of Section 906 added by Ord. 779, Adopted 9/12/05)

907. Pedestrian Bridges Across the West Prong of the Little Pigeon River. To

have a pedestrian bridge across the West Prong of the Little Pigeon River, applicants

must present a site plan showing the bridge and its surrounds including all flood

information, nearby structures, proposed landscaping, necessary engineering and

architectural plans. Including in these plans should be bridge elevations and signage

proposed. These plans will be reviewed by the Planning Commission in order to allow

the Commission to assess an applicant’s compliance with this provision.

907.1. Bridge Specifications: The bridge must be arched and made of weathered

steel with 12’ concrete decking, consist of neutral and natural colors only, be in

compliance with ASHTO and ANSI safety standards. Must have ADA compliant

easements for access for public use and provide safe connections for walking and

biking to other pedestrian access ways. This easement must be 10 feet wide, near

property lines, and must be platted from public right-of-ways to the bridge. These

proposed private pedestrian bridges cannot be closer than 750 feet to any other

privately constructed pedestrian bridges. All signage is for directional purposes

only. No advertisement can be placed on or near the bridge and lights on interior of

bridge, no lighting of any type is allowed on the exterior of the bridge. Trash

reciprocals (as specified by the City) shall be placed at both ends of the bridge and

shown on the submitted plans. Privately constructed bridges shall be conveyed to

the City of Pigeon Forge to maintain and regulate for perpetuity.

(All of Section 907 added by Ord. 1074, Adopted 7/8/19 and Amended by Ord. 1096,

Adopted 7/13/2020)

ARTICLE X. ENFORCEMENT

1001. Enforcing Officer. The provisions of this ordinance shall be administered and

enforced by the Municipal Building Inspector. This official shall have the right to enter

upon any premises necessary to carry out his duties in the enforcement of this

ordinance.

1002. Building Permit Required. It shall be unlawful to commence the excavation for

or the construction of any building including accessory buildings, or to commence the

moving or alteration of any building, including accessory buildings until the building

inspector has issued for such work a building permit including a statement that the

plans, specifications and intended use of such building in all respects conform with the

provisions of this ordinance. Application for a building permit shall be made to the

building inspector.

1003. Issuance of Building Permit. The building inspector may issue a foundation

permit, in accordance with the terms of section 106.3.3 of the 2006 International

Building Code, for new construction prior to the receipt of a certified footer survey, but

the applicant will be proceeding at his own risk. Prior to receiving a building permit for

any above ground construction, the applicant shall submit said certified footer survey

indicating the location and extent of the proposed building or addition (including decks,

etc.) in relation to property lines, rights-of-way and setback lines. The applicant shall

also state the existing and intended use of all such buildings and supply such other

information as may be required by the building inspector for determining whether the

provisions of this ordinance are being observed. If the proposed excavation or

construction as set forth in the application is in conformity with the provisions of this

ordinance, the building inspector shall issue a building permit for such excavation or

construction. If the building inspector refuses to issue a building permit, he shall state

the reasons for such refusal in writing to the applicant. (Amended by Ord. 854, Adopted

2/11/2007)

1004. Certificate of Occupancy. Upon the completion of the construction or alteration

of a building or structure for which a building permit has been granted application shall

be made to the building inspector for a certificate of occupancy. Within three days of

such application, the building inspector shall make a final inspection of the property in

question, and shall issue a certificate of occupancy if the building or structure is found to

conform to the provisions of the ordinance and the statements made in the application

for the building permit. If such a certificate is refused, the building inspector shall state

such refusal in writing with the cause. No land or building hereafter erected or altered in

its use, shall be used until such a certificate of occupancy has been granted.

1005. Penalties. Any persons violating any provision of the ordinance shall be guilty of

a misdemeanor, and upon conviction shall be fined not less than two dollars ($2.00) nor

more than fifty dollars ($50.00) for each offense. Each day such violation shall continue

shall constitute a separate offense.

1006. Remedies. In case any building or structure is erected, constructed,

reconstructed, repaired, converted or maintained, or any building, structure or land is

used in violation of this ordinance, the building inspector or any other appropriate action

in proceeding to prevent the occupancy or use of such building.

ARTICLE XI. BOARD OF ZONING APPEALS

1101. Creation and Appointment. A board of zoning appeals is hereby established in

accordance with Section 13-7-205, Tennessee Code Annotated, Volume 3, same being

Section 5, Chapter 44 of Public Acts of Tennessee of 1935. The Pigeon Forge

Regional Planning Commission is hereby designated as the board of zoning appeals

and the terms of the members of the board of zoning appeals shall be concurrent with

the terms of the members of the Pigeon Forge Regional Planning Commission.

1102. Procedure. Meetings of the board of zoning appeals shall be held at the call of

the chairman or by a majority of the membership and at such other times as the board

may determine. Such chairman, or in his absence, the acting chairman, may administer

oaths and compel the attendance of witness. All meetings of the board shall be open to

the public. The board shall keep minutes of its proceedings, showing the vote of each

member upon each question, or, if absent or failing to vote, indicating such fact; shall

take all evidence necessary to justify or explain its action, and shall keep records of its

examinations and of other official action, all of which shall be immediately filed in the

office of the board and shall be a public record.

1103. Appeals: How Taken. An appeal to the board of zoning appeals may be taken

by any person, firm or corporation aggrieved, or by any governmental officer,

department, board or bureau affected by any decision of the building inspector based in

the whole or part on provisions of this ordinance. Such appeal shall be taken within a

reasonable time, as provided by the rules of the board, by filing with the building

inspector and with the board of zoning appeals a notice of appeal, specifying the

grounds thereof. The building inspector shall transmit forthwith to the board all papers

constituting the record upon which the action for the hearing of the appeal, give notice

thereof, as well as due notice to the parties in interest, and decide the same within a

reasonable time. Upon hearing, any party may appear in person or by agent or

attorney.

1104. Powers. The board of zoning appeals shall have the following powers:

1104.1. Administrative Review. To hear and decide appeals where it is

alleged by the appellant that there is error in any order, or requirement, permit

decision, determination or refusal made by the building inspector or other

administrative official in the carrying out or enforcement of any provision of this

ordinance.

1104.2. Special Exceptions. To hear and decide special exceptions to this

ordinance as set forth in Article IX.

1104.3. Variance. To hear and decide applications for variance from the terms

of this ordinance, but only where, by reason of exceptional narrowness,

shallowness or shape of a specific piece of property at the time of adoption of

this ordinance was a lot of record; or where by reason of exceptional

topographical conditions or other extraordinary situations or conditions of a piece

of property, the strict application of the provisions of this ordinance would result

in exceptional practical difficulties to or exceptional and undue hardship upon the

owner of such property, provided that such relief may be granted without

substantial detriment to the public good and without substantially impairing the

intent and purpose of this ordinance. In granted a variance, the board may

attach thereto such conditions regarding the location, character and other

features of the proposed building, structure or use as it may deem advisable in

furtherance of the purpose of this ordinance. Before any variance is granted it

shall be shown that special circumstances are attached to the property which do

not generally apply to other property in the neighborhood.

1105. Action of the Board of Zoning Appeals. In exercising the aforementioned

powers, the board of zoning appeals may, in conformity with the provisions of this

ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement,

decision or determination appealed from, and to that end shall have all powers of the

building inspector. The concurring vote of a majority of the board shall be necessary to

reverse any order, requirement, decision or determination of any such administrative

official, or to decide in favor of the applicant on any matter upon which it is required to

pass under this ordinance, or to authorize any variance from the terms of this ordinance.

ARTICLE XII. AMENDMENT

1201. Procedure. The Mayor and Board of Commissioners may amend the

regulations, boundaries, or any provision of this ordinance. Any member of the city

board may introduce such amendment, or any official, board, or any other person may

present a petition to the Mayor and Board of Commissioners requesting an amendment

or amendments to this ordinance. No request for amendment for rezoning shall come

before the city board more than once per year for substantially the same property or

properties unless the same on second request for amendment for rezoning has been

approved by the Planning Commission for the City of Pigeon Forge. If thirty (30%)

percent or more of the property was in a rezoning request submitted by the property

owners, the rezoning request shall be considered substantially the same, regardless of

the nature of the request. (Adopted by Ord. 683 on 9/9/02)

1202. Approval by Planning Commission. No such amendment shall become

effective unless the same first be submitted for approval, disapproval or suggestions to

the planning commission. If the planning commission within thirty (30) days

disapproves after such submission, it shall require the favorable vote of a majority of the

entire membership of the city board to become effective. If the planning commission

neither approves nor disapproves such proposed amendment within forty-five (45) days

after such submission, the action of such amendment by said board shall be deemed

favorable.

1203. Introduction of Amendment. Upon the introduction of an amendment of this

ordinance or upon the receipt of a petition to amend this ordinance, the board of mayor

and aldermen shall publish a notice of such request for an amendment, together with

the notice of time set for hearing by the board of mayor and aldermen of the request

change. Said notice shall be published in some newspaper of general circulation in the

City of Pigeon Forge, Tennessee. Said hearing by the board of mayor and aldermen

shall take place not sooner than fifteen (15) days after the date of publication of such

notice.

ARTICLE XIII. LEGAL STATUS PROVISIONS

1301. Conflict with Other Ordinances. In case of conflict between this ordinance or

any part thereof, and the whole or part of any existing or future ordinance of the City of

Pigeon Forge, the most restrictive shall in all cases apply.

1302. Validity. If any section, clause, provision or portion of this ordinance shall be

held to be invalid or unconstitutional by any court of competent jurisdiction, such holding

shall not affect any other section, clause, provision, or portion of this ordinance which is

not of itself invalid or unconstitutional.

1303. Effective Date. This ordinance shall take effect and be in force from and after its

passage, the public welfare demanding it.

Certified by Planning Commission _________________________

Passed on First Reading ________________________

Passed on Second Reading ________________________

Approved and Signed in Open Meeting ________________________

Approved as to Form:

/S/ _______________________________

City Attorney

Attest:

/S/ _______________________________

City Recorder

APPENDICES

(Sketch C removed by Ord. 1093, Adopted 6/8/2020)

MUNICIPAL FLOOD DAMAGE PREVENTION ORDINANCE

AN ORDINANCE ADOPTED PURSUANT TO

Tennessee Code Annotated Section 6-19-101.

FOR THE PURPOSE OF AMENDING THE City of Pigeon Forge, Tennessee Municipal

Code regulating development within the corporate limits of the City of Pigeon Forge,

Tennessee, to minimize danger to life and property due to flooding, and to establish

eligibility for participation in the NATIONAL FLOOD INSURANCE PROGRAM.

ARTICLE 1. Statutory Authorization, Findings Of Fact, Purpose And Objectives

Section A. Statutory Authorization

The Legislature of the State of Tennessee has in Section 6-19-101 Tennessee

Code Annotated delegated the responsibility to units of local government to

adopt regulations designed to promote the public health, safety, and general

welfare of its citizenry. Therefore, the City of Pigeon Forge, Tennessee Mayor

and Board of Commissioners, does ordain as follows:

Section B. Findings of Fact

1. The City of Pigeon Forge, Tennessee, Mayor and Board of

Commissioners wishes to maintain eligibility in the National Flood

Insurance Program (NFIP) and in order to do so must meet the

NFIP regulations found in Title 44 of the Code of Federal

Regulations (CFR), Ch. 1, Section 60.3.

2. Areas of the City of Pigeon Forge, Tennessee, are subject to

periodic inundation which could result in loss of life and property,

health and safety hazards, disruption of commerce and

governmental services, extraordinary public expenditures for flood

protection and relief, and impairment of the tax base, all of which

adversely affect the public health, safety and general welfare.

3. Flood losses are caused by the cumulative effect of obstructions in

floodplains, causing increases in flood heights and velocities; by

uses in flood hazard areas which are vulnerable to floods; or

construction which is inadequately elevated, floodproofed, or

otherwise unprotected from flood damages.

Section C. Statement of Purpose

It is the purpose of this Ordinance to promote the public health, safety and

general welfare and to minimize public and private losses due to flood conditions

in specific areas. This Ordinance is designed to:

1. Restrict or prohibit uses which are vulnerable to flooding or erosion

hazards, or which result in damaging increases in erosion, flood

heights, or velocities;

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2. Require that uses vulnerable to floods, including community

facilities, be protected against flood damage at the time of initial

construction;

3. Control the alteration of natural floodplains, stream channels, and

natural protective barriers which are involved in the accommodation

of floodwaters;

4. Control filling, grading, dredging and other development which may

increase flood damage or erosion;

5. Prevent or regulate the construction of flood barriers which will

unnaturally divert flood waters or which may increase flood hazards

to other lands.

Section D. Objectives

The objectives of this Ordinance are:

1. To protect human life, health, safety and property;

2. To minimize expenditure of public funds for costly flood control

projects;

3. To minimize the need for rescue and relief efforts associated with

flooding and generally undertaken at the expense of the general

public;

4. To minimize prolonged business interruptions;

5. To minimize damage to public facilities and utilities such as water

and gas mains, electric, telephone and sewer lines, streets and

bridges located in floodprone areas;

6. To help maintain a stable tax base by providing for the sound use

and development of floodprone areas to minimize blight in flood

areas;

7. To ensure that potential homebuyers are notified that property is in

a floodprone area;

8. To maintain eligibility for participation in the NFIP.

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ARTICLE 2. Definitions

Unless specifically defined below, words or phrases used in this Ordinance shall be

interpreted as to give them the meaning they have in common usage and to give this

Ordinance its most reasonable application given its stated purpose and objectives.

"Accessory Structure" means a subordinate structure to the principal structure on the

same lot and, for the purpose of this Ordinance, shall conform to the following:

1. Accessory structures shall only be used for parking of vehicles and

storage.

2. Accessory structures shall be designed to have low flood damage

potential.

3. Accessory structures shall be constructed and placed on the building site

so as to offer the minimum resistance to the flow of floodwaters.

4. Accessory structures shall be firmly anchored to prevent flotation,

collapse, and lateral movement, which otherwise may result in damage to

other structures.

5. Utilities and service facilities such as electrical and heating equipment

shall be elevated or otherwise protected from intrusion of floodwaters.

"Addition (to an existing building)" means any walled and roofed expansion to the

perimeter or height of a building.

"Appeal" means a request for a review of the local enforcement officer’s interpretation

of any provision of this Ordinance or a request for a variance.

"Area of Shallow Flooding" means a designated AO or AH Zone on a community's

Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of

flooding to an average depth of one to three feet where a clearly defined channel does

not exist, where the path of flooding is unpredictable and indeterminate; and where

velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of Special Flood-related Erosion Hazard" is the land within a community which

is most likely to be subject to severe flood-related erosion losses. The area may be

designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed

evaluation of the special flood-related erosion hazard area in preparation for publication

of the FIRM, Zone E may be further refined.

"Area of Special Flood Hazard" see “Special Flood Hazard Area”.

"Base Flood" means the flood having a one percent chance of being equaled or

exceeded in any given year. This term is also referred to as the 100-year flood or the

one (1)-percent annual chance flood.

"Basement" means any portion of a building having its floor subgrade (below ground

level) on all sides.

"Building" see “Structure”.

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"Development" means any man-made change to improved or unimproved real estate,

including, but not limited to, buildings or other structures, mining, dredging, filling,

grading, paving, excavating, drilling operations, or storage of equipment or materials.

"Elevated Building" means a non-basement building built to have the lowest floor of

the lowest enclosed area elevated above the ground level by means of solid foundation

perimeter walls with openings sufficient to facilitate the unimpeded movement of

floodwater, pilings, columns, piers, or shear walls adequately anchored so as not to

impair the structural integrity of the building during a base flood event.

"Emergency Flood Insurance Program" or "Emergency Program" means the

program as implemented on an emergency basis in accordance with Section 1336 of

the Act. It is intended as a program to provide a first layer amount of insurance on all

insurable structures before the effective date of the initial FIRM.

"Erosion" means the process of the gradual wearing away of land masses. This peril

is not “per se” covered under the Program.

"Exception” means a waiver from the provisions of this Ordinance which relieves the

applicant from the requirements of a rule, regulation, order or other determination made

or issued pursuant to this Ordinance.

"Existing Construction" means any structure for which the "start of construction"

commenced before the effective date of the initial floodplain management code or

ordinance adopted by the community as a basis for that community’s participation in the

NFIP.

"Existing Manufactured Home Park or Subdivision" means a manufactured home

park or subdivision for which the construction of facilities for servicing the lots on which

the manufactured homes are to be affixed (including, at a minimum, the installation of

utilities, the construction of streets, final site grading or the pouring of concrete pads) is

completed before the effective date of the first floodplain management code or

ordinance adopted by the community as a basis for that community’s participation in the

NFIP.

"Existing Structures" see "Existing Construction".

"Expansion to an Existing Manufactured Home Park or Subdivision" means the

preparation of additional sites by the construction of facilities for servicing the lots on

which the manufactured homes are to be affixed (including the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads).

"Flood" or "Flooding" means a general and temporary condition of partial or complete

inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any

source.

"Flood Elevation Determination" means a determination by the Federal Emergency

Management Agency (FEMA) of the water surface elevations of the base flood, that is,

the flood level that has a one percent or greater chance of occurrence in any given year.

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"Flood Elevation Study” means an examination, evaluation and determination of flood

hazards and, if appropriate, corresponding water surface elevations, or an examination,

evaluation and determination of mudslide (i.e., mudflow) or flood-related erosion

hazards.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued

by FEMA, where the boundaries of areas of special flood hazard have been designated

as Zone A.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by

FEMA, delineating the areas of special flood hazard or the risk premium zones

applicable to the community.

"Flood Insurance Study" is the official report provided by FEMA, evaluating flood

hazards and containing flood profiles and water surface elevation of the base flood.

"Floodplain" or "Floodprone Area" means any land area susceptible to being

inundated by water from any source (see definition of "flooding").

"Floodplain Management” means the operation of an overall program of corrective

and preventive measures for reducing flood damage, including but not limited to

emergency preparedness plans, flood control works and floodplain management

regulations.

"Flood Protection System” means those physical structural works for which funds

have been authorized, appropriated, and expended and which have been constructed

specifically to modify flooding in order to reduce the extent of the area within a

community subject to a "special flood hazard" and the extent of the depths of associated

flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs,

levees or dikes. These specialized flood modifying works are those constructed in

conformance with sound engineering standards.

"Floodproofing" means any combination of structural and nonstructural additions,

changes, or adjustments to structures which reduce or eliminate flood damage to real

estate or improved real property, water and sanitary facilities and structures and their

contents.

"Flood-related Erosion" means the collapse or subsidence of land along the shore of

a lake or other body of water as a result of undermining caused by waves or currents of

water exceeding anticipated cyclical levels or suddenly caused by an unusually high

water level in a natural body of water, accompanied by a severe storm, or by an

unanticipated force of nature, such as a flash flood, or by some similarly unusual and

unforeseeable event which results in flooding.

"Flood-related Erosion Area" or "Flood-related Erosion Prone Area" means a land

area adjoining the shore of a lake or other body of water, which due to the composition

of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer

flood-related erosion damage.

"Flood-related Erosion Area Management" means the operation of an overall

program of corrective and preventive measures for reducing flood-related erosion

damage, including but not limited to emergency preparedness plans, flood-related

erosion control works and floodplain management regulations.

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"Floodway" means the channel of a river or other watercourse and the adjacent land

areas that must be reserved in order to discharge the base flood without cumulatively

increasing the water surface elevation more than a designated height.

"Freeboard" means a factor of safety usually expressed in feet above a flood level for

purposes of floodplain management. "Freeboard" tends to compensate for the many

unknown factors that could contribute to flood heights greater than the height calculated

for a selected size flood and floodway conditions, such as wave action, blockage of

bridge or culvert openings, and the hydrological effect of urbanization of the watershed.

"Functionally Dependent Use" means a use which cannot perform its intended

purpose unless it is located or carried out in close proximity to water. The term includes

only docking facilities, port facilities that are necessary for the loading and unloading of

cargo or passengers, and ship building and ship repair facilities, but does not include

long-term storage or related manufacturing facilities.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface,

prior to construction, adjacent to the proposed walls of a structure.

"Historic Structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing

maintained by the U.S. Department of Interior) or preliminarily determined

by the Secretary of the Interior as meeting the requirements for individual

listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as

contributing to the historical significance of a registered historic district or a

district preliminarily determined by the Secretary to qualify as a registered

historic district;

3. Individually listed on the Tennessee inventory of historic places and

determined as eligible by states with historic preservation programs which

have been approved by the Secretary of the Interior; or

4. Individually listed on the City of Pigeon Forge, Tennessee, inventory of

historic places and determined as eligible by communities with historic

preservation programs that have been certified either:

a. By the approved Tennessee program as determined by the

Secretary of the Interior or

b. Directly by the Secretary of the Interior.

"Levee" means a man-made structure, usually an earthen embankment, designed and

constructed in accordance with sound engineering practices to contain, control or divert

the flow of water so as to provide protection from temporary flooding.

"Levee System" means a flood protection system which consists of a levee, or levees,

and associated structures, such as closure and drainage devices, which are constructed

and operated in accordance with sound engineering practices.

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"Lowest Floor" means the lowest floor of the lowest enclosed area, including a

basement. An unfinished or flood resistant enclosure used solely for parking of

vehicles, building access or storage in an area other than a basement area is not

considered a building's lowest floor; provided, that such enclosure is not built so as to

render the structure in violation of the applicable non-elevation design requirements of

this Ordinance.

"Manufactured Home" means a structure, transportable in one or more sections,

which is built on a permanent chassis and designed for use with or without a permanent

foundation when attached to the required utilities. The term "Manufactured Home" does

not include a "Recreational Vehicle".

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of

land divided into two or more manufactured home lots for rent or sale.

"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate

Map (FIRM) for a community issued by FEMA.

"Mean Sea Level" means the average height of the sea for all stages of the tide. It is

used as a reference for establishing various elevations within the floodplain. For the

purposes of this Ordinance, the term is synonymous with the National Geodetic Vertical

Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other

datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate

Map are referenced.

"National Geodetic Vertical Datum (NGVD)" means, as corrected in 1929, a vertical

control used as a reference for establishing varying elevations within the floodplain.

"New Construction" means any structure for which the "start of construction"

commenced on or after the effective date of the initial floodplain management

Ordinance and includes any subsequent improvements to such structure.

"New Manufactured Home Park or Subdivision" means a manufactured home park

or subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including at a minimum, the installation of

utilities, the construction of streets, and either final site grading or the pouring of

concrete pads) is completed on or after the effective date of this ordinance or the

effective date of the initial floodplain management ordinance and includes any

subsequent improvements to such structure.

"North American Vertical Datum (NAVD)" means, as corrected in 1988, a vertical

control used as a reference for establishing varying elevations within the floodplain.

"100-year Flood" see "Base Flood".

"Person" includes any individual or group of individuals, corporation, partnership,

association, or any other entity, including State and local governments and agencies.

“Reasonably Safe from Flooding” means base flood waters will not inundate the land

or damage structures to be removed from the Special Flood Hazard Area and that any

subsurface waters related to the base flood will not damage existing or proposed

structures.

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"Recreational Vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal

projection;

3. Designed to be self-propelled or permanently towable by a light duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary

living quarters for recreational, camping, travel, or seasonal use.

"Regulatory Floodway" means the channel of a river or other watercourse and the

adjacent land areas that must be reserved in order to discharge the base flood without

cumulatively increasing the water surface elevation more than a designated height.

"Riverine" means relating to, formed by, or resembling a river (including tributaries),

stream, brook, etc.

“Special Flood Hazard Area” is the land in the floodplain within a community subject

to a one percent or greater chance of flooding in any given year. The area may be

designated as Zone A on the FHBM. After detailed ratemaking has been completed in

preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH,

A1-30, AE or A99.

"Special Hazard Area" means an area having special flood, mudslide (i.e., mudflow)

and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO,

A1-30, AE, A99, or AH.

"Start of Construction" includes substantial improvement, and means the date the

building permit was issued, provided the actual start of construction, repair,

reconstruction, rehabilitation, addition, placement, or other improvement was within 180

days of the permit date. The actual start means either the first placement of permanent

construction of a structure (including a manufactured home) on a site, such as the

pouring of slabs or footings, the installation of piles, the construction of columns, or any

work beyond the stage of excavation; and includes the placement of a manufactured

home on a foundation. Permanent construction does not include initial land preparation,

such as clearing, grading and filling; nor does it include the installation of streets and/or

walkways; nor does it include excavation for a basement, footings, piers, or foundations

or the erection of temporary forms; nor does it include the installation on the property of

accessory buildings, such as garages or sheds, not occupied as dwelling units or not

part of the main structure. For a substantial improvement, the actual start of

construction means the first alteration of any wall, ceiling, floor, or other structural part

of a building, whether or not that alteration affects the external dimensions of the

building.

"State Coordinating Agency" the Tennessee Department of Economic and

Community Development’s, Local Planning Assistance Office, as designated by the

Governor of the State of Tennessee at the request of FEMA to assist in the

implementation of the NFIP for the State.

"Structure" for purposes of this Ordinance, means a walled and roofed building,

including a gas or liquid storage tank, that is principally above ground, as well as a

manufactured home.

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"Substantial Damage" means damage of any origin sustained by a structure whereby

the cost of restoring the structure to its before damaged condition would equal or

exceed fifty percent (50%) of the market value of the structure before the damage

occurred.

"Substantial Improvement" means any reconstruction, rehabilitation, addition,

alteration or other improvement of a structure in which the cost equals or exceeds fifty

percent (50%) of the market value of the structure before the "start of construction" of

the initial improvement. This term includes structures which have incurred "substantial

damage", regardless of the actual repair work performed. The market value of the

structure should be (1) the appraised value of the structure prior to the start of the initial

improvement, or (2) in the case of substantial damage, the value of the structure prior to

the damage occurring.

The term does not, however, include either: (1) Any project for improvement of a

structure to correct existing violations of State or local health, sanitary, or safety code

specifications which have been pre-identified by the local code enforcement official and

which are the minimum necessary to assure safe living conditions and not solely

triggered by an improvement or repair project or; (2) Any alteration of a "historic

structure", provided that the alteration will not preclude the structure's continued

designation as a "historic structure".

"Substantially Improved Existing Manufactured Home Parks or Subdivisions" is

where the repair, reconstruction, rehabilitation or improvement of the streets, utilities

and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and

pads before the repair, reconstruction or improvement commenced.

"Variance" is a grant of relief from the requirements of this Ordinance.

"Violation" means the failure of a structure or other development to be fully compliant

with the community's floodplain management regulations. A structure or other

development without the elevation certificate, other certification, or other evidence of

compliance required in this Ordinance is presumed to be in violation until such time as

that documentation is provided.

"Water Surface Elevation" means the height, in relation to the National Geodetic

Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or

other datum, where specified, of floods of various magnitudes and frequencies in the

floodplains of riverine areas.

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ARTICLE 3. General Provisions

Section A. Application

This Ordinance shall apply to all areas within the incorporated area of the City of

Pigeon Forge, Tennessee.

Section B. Basis for Establishing the Areas of Special Flood Hazard

The Areas of Special Flood Hazard identified on the City of Pigeon Forge,

Tennessee, Federal Emergency Management Agency, Flood Insurance Study

(FIS) and Flood Insurance Rate Map (FIRM), Community Panel Numbers 47155

C – 0220E, 0228E, 0229E, 0233E, 0234E, 0236E, 0237E, 0239E, 0241E,

0242E, 0243E, 0244E, dated May 18, 2009, along with all supporting technical

data, are adopted by reference and declared to be a part of this Ordinance.

Section C. Requirement for Development Permit

A development permit shall be required in conformity with this Ordinance prior to

the commencement of any development activities.

Section D. Compliance

No land, structure or use shall hereafter be located, extended, converted or

structurally altered without full compliance with the terms of this Ordinance and

other applicable regulations.

Section E. Abrogation and Greater Restrictions

This Ordinance is not intended to repeal, abrogate, or impair any existing

easements, covenants or deed restrictions. However, where this Ordinance

conflicts or overlaps with another regulatory instrument, whichever imposes the

more stringent restrictions shall prevail.

Section F. Interpretation

In the interpretation and application of this Ordinance, all provisions shall be: (1)

considered as minimum requirements; (2) liberally construed in favor of the

governing body and; (3) deemed neither to limit nor repeal any other powers

granted under Tennessee statutes.

Section G. Warning and Disclaimer of Liability

The degree of flood protection required by this Ordinance is considered

reasonable for regulatory purposes and is based on scientific and engineering

considerations. Larger floods can and will occur on rare occasions. Flood

heights may be increased by man-made or natural causes. This Ordinance does

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not imply that land outside the Areas of Special Flood Hazard or uses permitted

within such areas will be free from flooding or flood damages. This Ordinance

shall not create liability on the part of the City of Pigeon Forge, Tennessee or by

any officer or employee thereof for any flood damages that result from reliance

on this Ordinance or any administrative decision lawfully made hereunder.

Section H. Penalties for Violation

Violation of the provisions of this Ordinance or failure to comply with any of its

requirements, including violation of conditions and safeguards established in

connection with grants of variance shall constitute a misdemeanor punishable as

other misdemeanors as provided by law. Any person who violates this ordinance

or fails to comply with any of its requirements shall, upon adjudication therefore,

be fined as prescribed by Tennessee statutes, and in addition, shall pay all costs

and expenses involved in the case. Each day such violation continues shall be

considered a separate offense. Nothing herein contained shall prevent the City

of Pigeon Forge, Tennessee from taking such other lawful actions to prevent or

remedy any violation.

ARTICLE 4. Administration

Section A. Designation of Building Official

The Building Official is hereby appointed to administer and implement the

provisions of this Ordinance.

Section B. Permit Procedures

Application for a development permit shall be made to the building official on

forms furnished by him prior to any development activity. The development

permit may include, but is not limited to the following: plans in duplicate drawn to

scale, showing the nature, location, dimensions, and elevations of the area in

question; existing or proposed structures, earthen fill, storage of materials or

equipment, drainage facilities. Specifically, the following information is required:

1. Application stage

a. Elevation in relation to mean sea level of the proposed lowest floor,

including basement, of all buildings where Base Flood Elevations

are available, or to certain height above the highest adjacent grade

when applicable under this Ordinance.

b. Elevation in relation to mean sea level to which any non-residential

building will be floodproofed where Base Flood Elevations are

available, or to certain height above the highest adjacent grade

when applicable under this Ordinance.

c. A FEMA Floodproofing Certificate from a Tennessee registered

professional engineer or architect that the proposed non-residential

floodproofed building will meet the floodproofing criteria in Article V,

Sections A and B.

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d. Description of the extent to which any watercourse will be altered or

relocated as a result of proposed development.

2. Construction Stage

Within AE Zones, where Base Flood Elevation data is available, any

lowest floor certification made relative to mean sea level shall be prepared

by or under the direct supervision of, a Tennessee registered land

surveyor and certified by same. The Administrator shall record the

elevation of the lowest floor on the development permit. When

floodproofing is utilized for a non-residential building, said certification

shall be prepared by, or under the direct supervision of, a Tennessee

registered professional engineer or architect and certified by same.

Within approximate A Zones, where Base Flood Elevation data is not

available, the elevation of the lowest floor shall be determined as the

measurement of the lowest floor of the building relative to the highest

adjacent grade. The Administrator shall record the elevation of the lowest

floor on the development permit. When floodproofing is utilized for a non-

residential building, said certification shall be prepared by, or under the

direct supervision of, a Tennessee registered professional engineer or

architect and certified by same.

For all new construction and substantial improvements, the permit holder

shall provide to the Administrator an as-built certification of the lowest floor

elevation or floodproofing level upon the completion of the lowest floor or

floodproofing.

Any work undertaken prior to submission of the certification shall be at the

permit holder's risk. The Administrator shall review the above-referenced

certification data. Deficiencies detected by such review shall be corrected

by the permit holder immediately and prior to further work being allowed to

proceed. Failure to submit the certification or failure to make said

corrections required hereby, shall be cause to issue a stop-work order for

the project.

Section C. Duties and Responsibilities of the Building Official

Duties of the Administrator shall include, but not be limited to, the following:

1. Review all development permits to assure that the permit

requirements of this Ordinance have been satisfied, and that

proposed building sites will be reasonably safe from flooding.

2. Review proposed development to assure that all necessary permits

have been received from those governmental agencies from which

approval is required by Federal or State law, including Section 404

of the Federal Water Pollution Control Act Amendments of 1972, 33

U.S.C. 1334.

3. Notify adjacent communities and the Tennessee Department of

Economic and Community Development, Local Planning

Assistance Office, prior to any alteration or relocation of a

watercourse and submit evidence of such notification to FEMA.

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4. For any altered or relocated watercourse, submit engineering

data/analysis within six (6) months to FEMA to ensure accuracy of

community FIRM’s through the Letter of Map Revision process.

5. Assure that the flood carrying capacity within an altered or

relocated portion of any watercourse is maintained.

6. Record the elevation, in relation to mean sea level or the highest

adjacent grade, where applicable, of the lowest floor (including

basement) of all new and substantially improved buildings, in

accordance with Article IV, Section B.

7. Record the actual elevation, in relation to mean sea level or the

highest adjacent grade, where applicable to which the new and

substantially improved buildings have been floodproofed, in

accordance with Article IV, Section B.

8. When floodproofing is utilized for a nonresidential structure, obtain

certification of design criteria from a Tennessee registered

professional engineer or architect, in accordance with Article IV,

Section B.

9. Where interpretation is needed as to the exact location of

boundaries of the Areas of Special Flood Hazard (for example,

where there appears to be a conflict between a mapped boundary

and actual field conditions), make the necessary interpretation.

Any person contesting the location of the boundary shall be given a

reasonable opportunity to appeal the interpretation as provided in

this Ordinance.

10. When Base Flood Elevation data and floodway data have not been

provided by FEMA, obtain, review, and reasonably utilize any Base

Flood Elevation and floodway data available from a Federal, State,

or other sources, including data developed as a result of these

regulations, as criteria for requiring that new construction,

substantial improvements, or other development in Zone A on the

City of Pigeon Forge, Tennessee FIRM meet the requirements of

this Ordinance.

11. Maintain all records pertaining to the provisions of this Ordinance in

the office of the Administrator and shall be open for public

inspection. Permits issued under the provisions of this Ordinance

shall be maintained in a separate file or marked for expedited

retrieval within combined files.

ARTICLE 5. Provisions For Flood Hazard Reduction

Section A. General Standards

In all areas of special flood hazard, the following provisions are required:

1. New construction and substantial improvements shall be anchored

to prevent flotation, collapse and lateral movement of the structure;

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2. Manufactured homes shall be installed using methods and

practices that minimize flood damage. They must be elevated and

anchored to prevent flotation, collapse and lateral movement.

Methods of anchoring may include, but are not limited to, use of

over-the-top or frame ties to ground anchors. This requirement is in

addition to applicable State of Tennessee and local anchoring

requirements for resisting wind forces.

3. New construction and substantial improvements shall be

constructed with materials and utility equipment resistant to flood

damage;

4. New construction and substantial improvements shall be

constructed by methods and practices that minimize flood damage;

5. All electrical, heating, ventilation, plumbing, air conditioning

equipment, and other service facilities shall be designed and/or

located so as to prevent water from entering or accumulating within

the components during conditions of flooding;

6. New and replacement water supply systems shall be designed to

minimize or eliminate infiltration of flood waters into the system;

7. New and replacement sanitary sewage systems shall be designed

to minimize or eliminate infiltration of flood waters into the systems

and discharges from the systems into flood waters;

8. On-site waste disposal systems shall be located and constructed to

avoid impairment to them or contamination from them during

flooding;

9. Any alteration, repair, reconstruction or improvements to a building

that is in compliance with the provisions of this Ordinance, shall

meet the requirements of "new construction" as contained in this

Ordinance;

10. Any alteration, repair, reconstruction or improvements to a building

that is not in compliance with the provision of this Ordinance, shall

be undertaken only if said non-conformity is not further extended or

replaced;

11. All new construction and substantial improvement proposals shall

provide copies of all necessary Federal and State permits,

including Section 404 of the Federal Water Pollution Control Act

amendments of 1972, 33 U.S.C. 1334;

12. All subdivision proposals and other proposed new development

proposals shall meet the standards of Article V, Section B;

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13. When proposed new construction and substantial improvements

are partially located in an area of special flood hazard, the entire

structure shall meet the standards for new construction;

14. When proposed new construction and substantial improvements

are located in multiple flood hazard risk zones or in a flood hazard

risk zone with multiple Base Flood Elevations, the entire structure

shall meet the standards for the most hazardous flood hazard risk

zone and the highest Base Flood Elevation.

Section B. Specific Standards

In all Areas of Special Flood Hazard, the following provisions, in addition to those

set forth in Article V, Section A, are required:

1. Residential Structures

In AE Zones where Base Flood Elevation data is available, new

construction and substantial improvement of any residential

building (or manufactured home) shall have the lowest floor,

including basement, elevated to no lower than one (1) foot above

the Base Flood Elevation. Should solid foundation perimeter walls

be used to elevate a structure, openings sufficient to facilitate

equalization of flood hydrostatic forces on both sides of exterior

walls shall be provided in accordance with the standards of this

section: “Enclosures”.

Within approximate A Zones where Base Flood Elevations have not

been established and where alternative data is not available, the

administrator shall require the lowest floor of a building to be

elevated to a level of at least three (3) feet above the highest

adjacent grade (as defined in Article II). Should solid foundation

perimeter walls be used to elevate a structure, openings sufficient

to facilitate equalization of flood hydrostatic forces on both sides of

exterior walls shall be provided in accordance with the standards of

this section: “Enclosures”

2. Non-Residential Structures

In AE Zones, where Base Flood Elevation data is available, new

construction and substantial improvement of any commercial,

industrial, or non-residential building, shall have the lowest floor,

including basement, elevated or floodproofed to no lower than one

(1) foot above the level of the Base Flood Elevation. Should solid

foundation perimeter walls be used to elevate a structure, openings

sufficient to facilitate equalization of flood hydrostatic forces on both

sides of exterior walls shall be provided in accordance with the

standards of this section: “Enclosures”

In approximate A Zones, where Base Flood Elevations have not

been established and where alternative data is not available, new

construction and substantial improvement of any commercial,

industrial, or non-residential building, shall have the lowest floor,

including basement, elevated or floodproofed to no lower than three

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(3) feet above the highest adjacent grade (as defined in Article II).

Should solid foundation perimeter walls be used to elevate a

structure, openings sufficient to facilitate equalization of flood

hydrostatic forces on both sides of exterior walls shall be provided

in accordance with the standards of this section: “Enclosures”

Non-Residential buildings located in all A Zones may be

floodproofed, in lieu of being elevated, provided that all areas of the

building below the required elevation are watertight, with walls

substantially impermeable to the passage of water, and are built

with structural components having the capability of resisting

hydrostatic and hydrodynamic loads and the effects of buoyancy. A

Tennessee registered professional engineer or architect shall

certify that the design and methods of construction are in

accordance with accepted standards of practice for meeting the

provisions above, and shall provide such certification to the

Administrator as set forth in Article IV, Section B.

3. Enclosures

All new construction and substantial improvements that include fully

enclosed areas formed by foundation and other exterior walls below

the lowest floor that are subject to flooding, shall be designed to

preclude finished living space and designed to allow for the entry

and exit of flood waters to automatically equalize hydrostatic flood

forces on exterior walls.

a. Designs for complying with this requirement must either be

certified by a Tennessee professional engineer or architect

or meet or exceed the following minimum criteria.

1) Provide a minimum of two openings having a total net

area of not less than one (1) square inch for every

square foot of enclosed area subject to flooding;

2) The bottom of all openings shall be no higher than

one (1) foot above the finished grade;

3) Openings may be equipped with screens, louvers,

valves or other coverings or devices provided they

permit the automatic flow of floodwaters in both

directions.

b. The enclosed area shall be the minimum necessary to allow

for parking of vehicles, storage or building access.

c. The interior portion of such enclosed area shall not be

finished or partitioned into separate rooms in such a way as

to impede the movement of floodwaters and all such

partitions shall comply with the provisions of Article V,

Section B.

4. Standards for Manufactured Homes and Recreational Vehicles

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a. All manufactured homes placed, or substantially improved,

on: (1) individual lots or parcels, (2) in expansions to existing

manufactured home parks or subdivisions, or (3) in new or

substantially improved manufactured home parks or

subdivisions, must meet all the requirements of new

construction.

b. All manufactured homes placed or substantially improved in

an existing manufactured home park or subdivision must be

elevated so that either:

1) In AE Zones, with Base Flood Elevations, the lowest

floor of the manufactured home is elevated on a

permanent foundation to no lower than one (1) foot

above the level of the Base Flood Elevation or

2) In approximate A Zones, without Base Flood

Elevations, the manufactured home chassis is

elevated and supported by reinforced piers (or other

foundation elements of at least equivalent strength)

that are at least three (3) feet in height above the

highest adjacent grade (as defined in Article II).

c. Any manufactured home, which has incurred “substantial

damage” as the result of a flood, must meet the standards of

Article V, Sections A and B.

d. All manufactured homes must be securely anchored to an

adequately anchored foundation system to resist flotation,

collapse and lateral movement.

e. All recreational vehicles placed in an identified Special Flood

Hazard Area must either:

1) Be on the site for fewer than 180 consecutive days;

2) Be fully licensed and ready for highway use (a

recreational vehicle is ready for highway use if it is

licensed, on its wheels or jacking system, attached to

the site only by quick disconnect type utilities and

security devices, and has no permanently attached

structures or additions), or;

3) The recreational vehicle must meet all the

requirements for new construction.

5. Standards for Subdivisions and Other Proposed New Development

Proposals

Subdivisions and other proposed new developments, including

manufactured home parks, shall be reviewed to determine whether

such proposals will be reasonably safe from flooding.

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a. All subdivision and other proposed new development

proposals shall be consistent with the need to minimize flood

damage.

b. All subdivision and other proposed new development

proposals shall have public utilities and facilities such as

sewer, gas, electrical and water systems located and

constructed to minimize or eliminate flood damage.

c. All subdivision and other proposed new development

proposals shall have adequate drainage provided to reduce

exposure to flood hazards.

d. In all approximate A Zones require that all new subdivision

proposals and other proposed developments (including

proposals for manufactured home parks and subdivisions)

greater than 50 lots or 5 acres, whichever is the lesser,

include within such proposals Base Flood Elevation data

(See Article V, Section E).

Section C. Standards for Special Flood Hazard Areas with Established

Base Flood Elevations and With Floodways Designated

Located within the Special Flood Hazard Areas established in Article III, Section

B, are areas designated as floodways. A floodway may be an extremely

hazardous area due to the velocity of floodwaters, debris or erosion potential. In

addition, the area must remain free of encroachment in order to allow for the

discharge of the base flood without increased flood heights and velocities.

Therefore, the following provisions shall apply:

1. Encroachments are prohibited, including earthen fill material, new

construction, substantial improvements or other development within

the regulatory floodway. Development may be permitted however,

provided it is demonstrated through hydrologic and hydraulic

analyses performed in accordance with standard engineering

practices that the cumulative effect of the proposed encroachments

or new development shall not result in any increase in the water

surface elevation of the Base Flood Elevation, velocities, or

floodway widths during the occurrence of a base flood discharge at

any point within the community. A Tennessee registered

professional engineer must provide supporting technical data, using

the same methodologies as in the effective Flood Insurance Study

for the City of Pigeon Forge, Tennessee and certification, thereof.

2. New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Article V, Sections A and B.

Section D. Standards for Areas of Special Flood Hazard Zones AE with

Established Base Flood Elevations but Without Floodways

Designated

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Located within the Special Flood Hazard Areas established in Article III, Section

B, where streams exist with base flood data provided but where no floodways

have been designated (Zones AE), the following provisions apply:

1. No encroachments, including fill material, new construction and

substantial improvements shall be located within areas of special

flood hazard, unless certification by a Tennessee registered

professional engineer is provided demonstrating that the cumulative

effect of the proposed development, when combined with all other

existing and anticipated development, will not increase the water

surface elevation of the base flood more than one (1) foot at any

point within the community. The engineering certification should be

supported by technical data that conforms to standard hydraulic

engineering principles.

2. New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Article V, Sections A and B.

Section E. Standards for Streams without Established Base Flood

Elevations and Floodways (A Zones)

Located within the Special Flood Hazard Areas established in Article III, Section

B, where streams exist, but no base flood data has been provided and where a

Floodway has not been delineated, the following provisions shall apply:

1. The Administrator shall obtain, review, and reasonably utilize any

Base Flood Elevation and floodway data available from any

Federal, State, or other sources, including data developed as a

result of these regulations (see 2 below), as criteria for requiring

that new construction, substantial improvements, or other

development in approximate A Zones meet the requirements of

Article V, Sections A and B.

2. Require that all new subdivision proposals and other proposed

developments (including proposals for manufactured home parks

and subdivisions) greater than 50 lots or 5 acres, whichever is the

lesser, include within such proposals Base Flood Elevation data.

3. Within approximate A Zones, where Base Flood Elevations have

not been established and where such data is not available from

other sources, require the lowest floor of a building to be elevated

or floodproofed to a level of at least three (3) feet above the highest

adjacent grade (as defined in Article II). All applicable data

including elevations or floodproofing certifications shall be recorded

as set forth in Article IV, Section B. Openings sufficient to facilitate

automatic equalization of hydrostatic flood forces on exterior walls

shall be provided in accordance with the standards of Article V,

Section B.

4. Within approximate A Zones, where Base Flood Elevations have

not been established and where such data is not available from

other sources, no encroachments, including structures or fill

material, shall be located within an area equal to the width of the

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stream or twenty feet (20), whichever is greater, measured from the

top of the stream bank, unless certification by a Tennessee

registered professional engineer is provided demonstrating that the

cumulative effect of the proposed development, when combined

with all other existing and anticipated development, will not

increase the water surface elevation of the base flood more than

one (1) foot at any point within the City of Pigeon Forge,

Tennessee. The engineering certification should be supported by

technical data that conforms to standard hydraulic engineering

principles.

5. New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Article V, Sections A and B. Within approximate A

Zones, require that those subsections of Article V Section B dealing

with the alteration or relocation of a watercourse, assuring

watercourse carrying capacities are maintained and manufactured

homes provisions are complied with as required.

Section F. Standards For Areas of Shallow Flooding (AO and AH Zones)

Located within the Special Flood Hazard Areas established in Article III, Section

B, are areas designated as shallow flooding areas. These areas have special

flood hazards associated with base flood depths of one (1) to three (3) feet where

a clearly defined channel does not exist and where the path of flooding is

unpredictable and indeterminate; therefore, the following provisions, in addition to

those set forth in Article V, Sections A and B, apply:

1. All new construction and substantial improvements of residential

and non-residential buildings shall have the lowest floor, including

basement, elevated to at least one (1) foot above as many feet as

the depth number specified on the FIRM’s, in feet, above the

highest adjacent grade. If no flood depth number is specified on

the FIRM, the lowest floor, including basement, shall be elevated to

at least three (3) feet above the highest adjacent grade. Openings

sufficient to facilitate automatic equalization of hydrostatic flood

forces on exterior walls shall be provided in accordance with

standards of Article V, Section B.

2. All new construction and substantial improvements of non-

residential buildings may be floodproofed in lieu of elevation. The

structure together with attendant utility and sanitary facilities must

be floodproofed and designed watertight to be completely

floodproofed to at least one (1) foot above the flood depth number

specified on the FIRM, with walls substantially impermeable to the

passage of water and with structural components having the

capability of resisting hydrostatic and hydrodynamic loads and the

effects of buoyancy. If no depth number is specified on the FIRM,

the structure shall be floodproofed to at least three (3) feet above

the highest adjacent grade. A Tennessee registered professional

engineer or architect shall certify that the design and methods of

construction are in accordance with accepted standards of practice

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for meeting the provisions of this Ordinance and shall provide such

certification to the Administrator as set forth above and as required

in accordance with Article IV, Section B.

3. Adequate drainage paths shall be provided around slopes to

guide floodwaters around and away from proposed

structures.

Section G. Standards For Areas Protected by Flood Protection System (A-

99 Zones

Located within the Areas of Special Flood Hazard established in Article III,

Section B, are areas of the 100-year floodplain protected by a flood protection

system but where Base Flood Elevations have not been determined. Within

these areas (A-99 Zones) all provisions of Article IV and Article V shall apply.

Section H. Standards for Unmapped Streams

Located within the City of Pigeon Forge, Tennessee, are unmapped streams

where areas of special flood hazard are neither indicated nor identified. Adjacent

to such streams, the following provisions shall apply:

1. No encroachments including fill material or other development

including structures shall be located within an area of at least equal

to twice the width of the stream, measured from the top of each

stream bank, unless certification by a Tennessee registered

professional engineer is provided demonstrating that the cumulative

effect of the proposed development, when combined with all other

existing and anticipated development, will not increase the water

surface elevation of the base flood more than one (1) foot at any

point within the locality.

2. When a new flood hazard risk zone, and Base Flood Elevation and

floodway data is available, new construction and substantial

improvements shall meet the standards established in accordance

with Articles IV and V.

ARTICLE 6. Variance Procedures

Section A. Board of Floodplain Review

1. Creation and Appointment

A Board of Floodplain Review is hereby established which shall

consist of the members of the Pigeon Forge Board of Zoning

Appeals. The appointment, term of membership and filling of

vacancies shall be as specified for the Pigeon Forge Board of

Zoning Appeals.

2. Procedure

Meetings of the Board of Floodplain Review shall be held at such

times, as the Board shall determine. All meetings of the Board of

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Floodplain Review shall be open to the public. The Board of

Floodplain Review shall adopt rules of procedure and shall keep

records of applications and actions thereof, which shall be a public

record. Compensation of the members of the Board of Floodplain

Review shall be set by the Legislative Body.

3. Appeals: How Taken

An appeal to the Board of Floodplain Review may be taken by any

person, firm or corporation aggrieved or by any governmental

officer, department, or bureau affected by any decision of the

Administrator based in whole or in part upon the provisions of this

Ordinance. Such appeal shall be taken by filing with the Board of

Floodplain Review a notice of appeal, specifying the grounds

thereof. In all cases where an appeal is made by a property owner

or other interested party, a fee of fifty ($50.00) dollars for the cost of

publishing a notice of such hearings shall be paid by the appellant.

The Administrator shall transmit to the Board of Floodplain Review

all papers constituting the record upon which the appeal action was

taken. The Board of Floodplain Review shall fix a reasonable time

for the hearing of the appeal, give public notice thereof, as well as

due notice to parties in interest and decide the same within a

reasonable time which shall not be more than sixty-five (65) days

from the date of the hearing. At the hearing, any person or party

may appear and be heard in person or by agent or by attorney.

4. Powers

The Board of Floodplain Review shall have the following powers:

a. Administrative Review

To hear and decide appeals where it is alleged by the

applicant that there is error in any order, requirement, permit,

decision, determination, or refusal made by the Administrator

or other administrative official in carrying out or enforcement

of any provisions of this Ordinance.

b. Variance Procedures

In the case of a request for a variance the following shall

apply:

1) The City of Pigeon Forge, Tennessee Board of

Floodplain Review shall hear and decide appeals and

requests for variances from the requirements of this

Ordinance.

2) Variances may be issued for the repair or

rehabilitation of historic structures as defined, herein,

upon a determination that the proposed repair or

rehabilitation will not preclude the structure's

continued designation as a historic structure and the

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variance is the minimum necessary deviation from the

requirements of this Ordinance to preserve the

historic character and design of the structure.

3) In passing upon such applications, the Board of

Floodplain Review shall consider all technical

evaluations, all relevant factors, all standards

specified in other sections of this Ordinance, and:

a) The danger that materials may be swept onto

other property to the injury of others;

b) The danger to life and property due to flooding

or erosion;

c) The susceptibility of the proposed facility and

its contents to flood damage;

d) The importance of the services provided by the

proposed facility to the community;

e) The necessity of the facility to a waterfront

location, in the case of a functionally

dependent use;

f) The availability of alternative locations, not

subject to flooding or erosion damage, for the

proposed use;

g) The relationship of the proposed use to the

comprehensive plan and floodplain

management program for that area;

h) The safety of access to the property in times of

flood for ordinary and emergency vehicles;

i) The expected heights, velocity, duration, rate

of rise and sediment transport of the flood

waters and the effects of wave action, if

applicable, expected at the site;

j) The costs of providing governmental services

during and after flood conditions including

maintenance and repair of public utilities and

facilities such as sewer, gas, electrical, water

systems, and streets and bridges.

4) Upon consideration of the factors listed above, and

the purposes of this Ordinance, the Board of

Floodplain Review may attach such conditions to the

granting of variances, as it deems necessary to

effectuate the purposes of this Ordinance.

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5) Variances shall not be issued within any

designated floodway if any increase in flood levels

during the base flood discharge would result.

Section B. Conditions for Variances

1. Variances shall be issued upon a determination that the variance is

the minimum relief necessary, considering the flood hazard and the

factors listed in Article VI, Section A.

2. Variances shall only be issued upon: a showing of good and

sufficient cause, a determination that failure to grant the variance

would result in exceptional hardship; or a determination that the

granting of a variance will not result in increased flood heights,

additional threats to public safety, extraordinary public expense,

create nuisance, cause fraud on or victimization of the public, or

conflict with existing local laws or Ordinances.

3. Any applicant to whom a variance is granted shall be given written

notice that the issuance of a variance to construct a structure below

the Base Flood Elevation will result in increased premium rates for

flood insurance (as high as $25 for $100) coverage, and that such

construction below the Base Flood Elevation increases risks to life

and property.

4. The Administrator shall maintain the records of all appeal actions

and report any variances to FEMA upon request.

ARTICLE 7. Legal Status Provisions

Section A. Conflict with Other Ordinances

In case of conflict between this Ordinance or any part thereof, and the whole or

part of any existing or future Ordinance of the City of Pigeon Forge, Tennessee,

the most restrictive shall in all cases apply.

Section B. Severability

If any section, clause, provision, or portion of this Ordinance shall be held to be

invalid or unconstitutional by any court of competent jurisdiction, such holding

shall not affect any other section, clause, provision, or portion of this Ordinance

which is not of itself invalid or unconstitutional.

Section C. Effective Date

This Ordinance shall become effective fifteen (15) days after its final

passage, the public welfare requiring it.

Flood Ordinance approved and adopted by the Pigeon Forge, Tennessee Mayor and

Board of Commissioners by Ord. 896 on 9/14/2009.