| Planning Commission Cases |
City | County | |||||
|---|---|---|---|---|---|---|---|
| Case Type | Recommend | Final | Appeal to | Recommend | Final | Appeal to | |
| Concept Plan | • | Chancery Court | • | Chancery Court | |||
| Development Plan | Does not apply | • | Board of Zoning Appeals OR a court of competent jurisdiction |
||||
| Final Plat | • | Chancery Court | • | Chancery Court | |||
| Ordinance Amendment + | • | • | |||||
| Rezoning | Approval | • | • | ||||
| Denial | • | City Council | • | County Commission | |||
| Streety / Alley Closure | • | Does not apply | |||||
| Special Use ^ | • | City Council | Does not apply | ||||
| Use On Review * | Does not apply | • | Board of Zoning Appeals | ||||
| After the Planning Commission |
City Council | County Commission | |||
|---|---|---|---|---|---|
| Case Type | Action is Final | Appeal to | Action is Final | Appeal to | |
| Concept Plan | Concept Plans are never heard by City Council or County Commission. | ||||
| Development Plan | Development Plans are never heard by City Council or County Commission. | ||||
| Final Plat | Final Plats are never heard by City Council or County Commission. | ||||
| Ordinance Amendment + | • | Chancery Court | • | Chancery Court | |
| Rezoning | Approval | • | Chancery Court | • | Chancery Court |
| Denial | ** | ** | |||
| Streety / Alley Closure | • | Chancery Court | Does not apply | ||
| Special Use ^ | Does not apply | ||||
| Use On Review * | Does not apply | ||||
Notes
- Recommendation
Recommendations to a legislative body will become agenda items at the appropriate body's next meeting and can be opposed at the meeting. An appeal is not necessary at this stage. - Final Action
Final actions taken by the Planning Commission do not move on to a legislative body unless they are appealed. Only final actions can be appealed. - Appeal
Appeals will be considered at the next meeting of the appropriate legislative body and are subject to the body's appeal process and deadlines.
- City Council
- Appeal Denied
Planning Commission Action Upheld
Case closed - Appeal Approved
Planning Commission Action Overturned
Current meeting becomes the 1st of 2 required legislative hearings
- Appeal Denied
- County Commission
- Appeal Denied
Planning Commission Action Upheld
Case closed - Appeal Approved
Planning Commission Action Overturned
Case closed
- Appeal Denied
- All final actions taken by each legislative body can be appealed to Chancery Court.
Exceptions
*Use On Review (Mining)
- Planning Commission action will be considered a recommendation (not a final decision like other Use On Review cases).
- As a recommendation (and not a final action), it requires 1 reading at the next Knox County Commission meeting.
- As a recommendation, the case can be opposed like any other item on the legislative body's agenda.
Special Use
This specific exception only applies when a Special Use case requires the removal of a previously approved Planned District, as designated on the zoning map with (C)
- Planning Commission action will be considered a recommendation and not a final decision. As such, the case can be opposed, not appealed, and is not bound by appeal deadlines.
- Special Use cases only apply in the city, and as a recommendation in this exception, it would require 2 readings at the upcoming Knoxville City Council meetings.
Ordinance Amendment
- 2 Readings are required regardless of Planning Commission action
- Will be heard at the next 2 meeting dates for the appropriate legislative body. As such, the case can be opposed, not appealed, and is not bound by appeal deadlines
Denied Rezoning
Only appeals of a denied rezoning will be heard by the appropriate legislative body.
- If the Planning Commission's decision to deny the rezoning is upheld by the legislative body, the case is final, and will not be heard again.
- If the appeal of the denied rezoning is approved, it will be subject to the legislative body's appeal process and deadlines.
- City Council requires a second reading of the approved appeal.
- County Commission's decision to approve or deny the appeal is final on the first reading and doesn't require a second reading.
Anyone may appeal decisions made by the Planning Commission to the appropriate appellate body. This can be a complicated process, and Planning staff should be consulted for advice.
If you have a question about the appeals process, or if you wish to be notified about anyone filing an appeal on a particular item, see a staff member at meeting (seated at either end of the horseshoe-shaped table) or call the Planning office at (865) 215-2500.
When must appeals be filed?
Appeals made to the City Council must be filed no later than 15 days from the date of the action taken by the Planning Commission; appeals made to the County Commission or the County Board of Zoning Appeals must be filed no later than 30 days. Information about the appeals deadlines is published in the Additions, Changes, and Corrections to the Agenda Package on the Planning website.
Where do I file the appeal?
Applications for most types of appeals are available at the Planning Office, Suite 403 City County Building or can be downloaded online. Applications for use-on-review appeals in the county are available from the Knox County Codes Administration office, Suite 547 City County Building. There is a filing fee.
When will the appeal be heard?
You will be notified when your appeal will be heard by the City Council or County Commission, usually about two months after the application is filed. The Knox County Board of Zoning Appeals will determine your hearing date at the time of filing. Before an appeal is heard, Planning runs a public notice in the Knoxville News-Sentinel and prepares an information packet on the property for the legislative body hearing the appeal. Property owners are notified by certified mail, and a sign stating the nature of the appeal and the time and place of the scheduled public hearing is posted on the property.
Can an application for appealing a particular decision be filed more than once?
If an application is denied by a vote of the Knoxville City Council, Knox County Commission, or Knox County Board of Zoning Appeals, a property owner must wait one year from the time of denial to refile the same request. Use-on-review appeals may be refiled by non-property owners as well as property owners under the same above conditions.
If an application for appealing a particular decision is withdrawn before being heard, it may not be refiled for one year from the time of the first filing.
