KNOXVILLE, Tenn. — Knox County Mayor Glenn Jacobs joined Commissioner Randy Smith in a proposal to change the ordinance governing appeals to zoning decisions in the spring. On Monday, it was discussed by the Knox County Commission.
Currently, people can reach out to the Board of Zoning Appeals to step in if they find issues with how the Knoxville-Knox County Planning Commission handles a "use on review" development plan. These are usually submitted by developers building subdivisions or other kinds of homes.
The proposal would effectively remove people's option to go to the BZA, instead giving developers the power to direct community members to file an appeal directly with a judge. Jacobs said he believed the move would streamline appeals, but opponents of the proposal said it would remove a tool they have for giving community input on plans.
"People who are upset about those decisions are often neighboring communities or people who think that their area is going to be overrun by traffic, or they kind of can't handle that influx of the development," said Jesse Mayshark, a co-publisher of The Compass and who has followed the proposal as it made its way through the commission.
He warned there is a fear that requiring people to go straight to court, it would discourage people from voicing concerns. Several public comments recorded on June 9 echoed those concerns, coming from people saying the BZA is quick enough to not interfere with development plans and gives the community a valuable tool to protect itself from overdevelopment, or from developers that may break regulations.
Since 2008, there were only 16 appeals to the BZA — averaging around one a year. However, since 2020, there were more appeals which could indicate increased use of the board as more developers build in Knox County.
Only one case took 4 months to process, and seven took less than a month, according to Knox County data from June. Half of all cases since 2008 were affirmed, meaning the original plans approved by the Planning Commission did not change after an appeal.
However, Mayor Jacobs and some commissioners said they did not think the BZA has the legal authority to hear appeals to development plans, even though they took on the responsibility for several years.
"It's very important for the public, in general, to be able to have an opportunity to have a process to voice their concerns or views or even their praises," said Michelle Ivester, from the Oakwood Lincoln Park Neighborhood Association. "It doesn't all have to be negative."
In August, the proposal will go before the Knox County Commission for a second reading. If it passes at that meeting, it will go into effect and developers will be able to bypass the BZA if community members try to appeal the Planning Commission's decisions.