Although this new constraint would apply to property owners as well as developers who get a negative decision on their application for a use on review, the cost of a court appeal tends to be just a small part of the latter’s project budget.
Use on Review
Knox County Zoning Code is intentionally ambiguous about certain kinds of uses that are neither typical and common in specific zones nor patently inappropriate for a given zone. In addition to meeting standard requirements of the zone, such as offsets from the curb and parcel boundaries or building characteristics, the property owner has to convince planning staff and the planning commission with good arguments why the location chosen for the particular use is necessary and will be beneficial to the community without significantly impairing neighbors in the use and enjoyment of their properties.
Compass reported, “Jacobs has said delays caused by BZA appeals could hamper new housing developments,” interfering with solutions to the county’s housing crisis.
Of 16 cases that have been appealed in the past 15 years, only 5 continued to circuit court.
The Knox County Planning Alliance has an excellent summary of the details and implications of this proposed change of Knox County ordinance.
Betty Bean wrote on the political background of this initiative in Knox TN Today.
Please note that you must sign up to speak before 4 p.m. if you want to express your opinion at this public meeting. Instructions to sign up and helpful advice is provided by KCPA.