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City of Knoxville · City Council

Special meeting — May 30, 2019

On May 30, 2019, the City of Knoxville, TN City Council recorded 65 published decisions. Each links to its place in the official minutes.

Official minutes (PDF) →

Our summary — not the record

Plain-language summary

The Knoxville City Council met to discuss and amend a comprehensive zoning ordinance update, known as "Recode Knoxville." Numerous specific changes were proposed and voted on, affecting regulations on building size, land use, definitions, and various district standards. The ordinance was ultimately postponed for further consideration.

From the minutes

“Amusement Facility - Outdoor” — Gerald Green
“Public Safety Facility P” — null
“Storage Yard, Outdoor P” — null
“Day Care Center P” — null
“Eating and Drinking Establishment P” — null
“Personal Service Establishment P” — null
“Retail Goods Establishment P” — null
“Vehicle Rental - Indoors” — null
“C. Minor Changes to Approved Landscape Plans Minor changes to the landscape plan that do not result in a reduction in the net amount of plant material as specific on the approved landscape plan may be approved by Knoxville-Knox County Planning. Changes that reduce the amount of plan materials contained within an approved landscape plan are a major change and must be approved by the body granting approval of the landscape plan initially.” — null
“D. Residential Districts: EN, RN-1, RN-2, RN-3, RN-4, RN-5, RN-6, RN-7” — null
“b. The Knoxville-Knox County Planning Commission will take formal action on all other decisions made by the Knoxville-Knox County Planning staff.” — null
“5. Limitations on Appeals A decision of Knoxville-Knox County Planning Commission or the Board of Zoning Appeals may only be appealed if an application is filed within 15 days of the date the decision is made.” — null
“C. Discontinuation or Abandonment If a nonconforming use is discontinued for a continuous period of 24 months, and is not actively marketed, the nonconforming use terminates automatically. Any subsequent use of such land or structure must comply with all regulations of the zoning district in which the structure or land is located.” — null

Quotes are copied word-for-word from the official minutes linked on this page.

Everything taken up, in order

Ordinance to regulate building and land use across municipal districts (Recode Knoxville)

An ordinance of the Council of the City of Knoxville to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the sizes of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes; and for such purposes to divide the municipality into districts or zones of such number, shape and areas as it may determine, and regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the use of land; to prescribe penalty for the violation of its provisions and to provide for its enforcement; and to repeal Ordinance No. 3369, known and cited as “the Zoning Ordinance of the City of Knoxville, Tennessee” and all amendments thereto, all as the product of a public process known as “Recode Knoxville.” (MPC Approved 12-2) (MPC file No. 11-A-18-OA) (All Districts)(Requested by Metropolitan Planning Commission)

Deferred Deferred 9-0-0-0

Motion to postpone ordinance

Moved by Andrew Roberto · seconded by Lauren Rider

Mark Campen — Aye Gwen McKenzie — Aye Lauren Rider — Aye Andrew Roberto — Aye Finbarr Saunders — Aye Seema Singh — Aye Marshall Stair — Aye George C. Wallace — Aye Stephanie Welch — Aye
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Clarify Existing Uses subject to Board of Zoning Appeals

Article 1. Title, Purpose, and Applicability. Clarification that Section 1.4 Transition Rules B. Existing Uses 2 and 4 are subject to the Board of Zoning Appeals.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Finbarr Saunders · seconded by Stephanie Welch

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Update Article 17 to mandate requirements

Article 17. Nonconformities. Update of Article 17. Nonconformities to reflect mandatory requirements with the use of “shall” or “shall be” rather than “may” or “must.”

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Finbarr Saunders · seconded by Gwen McKenzie

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Amend definition of Grade in Section 2.3

Article 2. General Definitions & Measurement Methodologies. Striking of the definition of Grade in Section 2.3 Definitions and insertion of its definition from the current code.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Stephanie Welch · seconded by Mark Campen

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Amend definition of Kennel in Section 2.3

Article 2. General Definitions & Measurement Methodologies. Striking the definition of Kennel in Section 2.3 Definitions and inserting the definition from the current code.

Adopted no recorded vote

Motion to amend ordinance by striking definition and inserting language from current code

Moved by Lauren Rider

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Rename districts in Section 4.2 Uses C.

Article 4. Residential Neighborhood Districts. Renaming the districts in Section 4.2 Uses C. Residential Occupancy Standards on page 4-2.

Split Adopted 6-3-0-0

Motion to amend ordinance by approving Attachment 2

Moved by Andrew Roberto · seconded by Mark Campen

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Clarify intent of C-G district for indoor commercial uses

Article 5. Commercial and Office Districts. Clarification that on page 5-1 in Section 5.1 Purpose Statements A. Commercial Districts 2. C-G General Commercial Zoning District the C-G district is intended primarily for indoor commercial uses. Staff suggested inserting language after the last sentence.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Stephanie Welch

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Correct "Planning Commission" typo in Section 9.3 FF.8 and elsewhere

Article 9. Uses. Typographical error where “Planning Commission” appears twice in Section 9.3 Principal Use Standards FF. Wireless Telecommunications 8. Application Submittal Requirements on page 9-26.

Adopted no recorded vote

Motion to amend ordinance by striking "Planning Commission" wherever it appears twice

Moved by Lauren Rider · seconded by Mark Campen

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Add clarification sentence in Section 9.3 FF.8

Article 9. Uses. Insertion of a sentence for clarification in Section 9.3 Principal Use Standards FF. Wireless Telecommunications 8. Application Submittal Requirements on page 9-26.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Stephanie Welch

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Revise TEMPORARY OUTDOOR SALES in residential districts

Article 9. Uses. Suggested revision to Section 9.4 Temporary Use Standards H. Temporary Outdoor Sales 1. in residential districts.

Adopted no recorded vote

Motion to amend ordinance with clarification of suggested language

Moved by unrecorded · seconded by Lauren Rider

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Change "Admin Review Committee" to "Zoning Administrator" in 9.4 G.d and H.e

Article 9. Uses. Suggested revisions to Section 9.4 Temporary Use Standards G Temporary Outdoor Entertainment d. and H. Temporary Outdoor Sales e. on page 9-31, to change "Administrative Review Committee" to "Zoning Administrator."

Adopted no recorded vote

Motion to approve suggested revisions

Moved by Lauren Rider · seconded by George C. Wallace

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Revise Industrial Districts Dimensional Standards Table 6-1

Article 6. Industrial Districts. Revising Article 6. Industrial Districts 6.3 Dimensional Standards Table 6-1 Industrial Districts Dimensional Standards on page 6-1.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by George C. Wallace · seconded by Stephanie Welch

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Strike "Amusement Facility - Outdoor" as Special Use in C-G

Article 9. Uses. Striking "Amusement Facility - Outdoor" as a Special Use in the C-G District in Section 9.2 Use Matrix Table 9-1 on page 9-2.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Andrew Roberto · seconded by Lauren Rider

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Insert "P" for Public Safety Facility in INST District

Article 9. Uses. Insertion of “P” (Permitted Use) for Public Safety Facility in the INST District in Section 9.2 Use Matrix Table 9-1 on page 9-5.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Andrew Roberto

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Strike "P" for Storage Yard, Outdoor in C-R District

Article 9. Uses. Striking “P” (Permitted Use) for Storage Yard, Outdoor in the C-R District in Section 9.2 Use Matrix Table 9-1 on page 9-5.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Andrew Roberto · seconded by Stephanie Welch

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Allow Halfway House as Special Use in C-G and O districts

Article 9. Uses. Allowing Halfway House as a Special Use in the C-G and O Districts in Section 9.2 Use Matrix Table 9-1 on page 9-4.

Withdrawn Withdrawn no recorded vote

Motion to amend ordinance to allow Halfway House as Special Use in C-G and O

Moved by George C. Wallace · seconded by Stephanie Welch

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Withdrawn Withdrawn no recorded vote

Motion to amend by substation to allow Halfway House as Special Use in C-N, C-G, C-H, and Permitted Use in C-R

Moved by Seema Singh

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Strike Kennel as Special Use in C-G district

Article 9. Uses. Striking Kennel as a Special Use in the C-G District on page 9-4.

Split Adopted 8-1-0-0

Motion to amend ordinance by striking Kennel as Special Use in C-G District

Moved by Lauren Rider · seconded by Andrew Roberto

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Clarify accessory uses in Office Park district

Article 9. Uses. Inserting an asterisks next to the Permitted Use (P) in the column for Office Park for Eating and Drinking Establishment, Personal Service Establishment, and Retail Goods Establishment; and that the P with the asterisks would state at the bottom of each page “This indicates an accessory use, not a principal use.”

Adopted no recorded vote

Motion to amend ordinance to insert asterisks and clarification

Moved by Andrew Roberto · seconded by Marshall Stair

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Strike Principal Use for Food Estab., Personal Service, Retail in OP

Article 9. Uses. Striking Principal Use (P) from the Office Park (OP) District column for Eating and Drinking Establishment, Personal Service Establishment, and Retail Goods Establishment in Section 9.2 Use Matrix Table 9-1 on pages 9-3 and 9-5, respectively.

Split Adopted 8-1-0-0

Motion to amend ordinance by striking Principal Use (P) for ED, PS, RG in OP

Moved by Andrew Roberto · seconded by Seema Singh

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Make Temporary Outdoor Storage Containers temporary in all zones

Article 9. Uses. Making Temporary Outdoor Storage Containers a temporary use in all zones.

Adopted no recorded vote

Motion to amend ordinance to make Temporary Outdoor Storage Containers a temporary use in all zones (excluding Natural Area)

Moved by George C. Wallace · seconded by Mark Campen

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Insert "side or rear" into Section 10.3 O.2

Article 10. Site Development Standards. Inserting “side or rear” at the end of the sentence in Section 10.3 Accessory Structures and Uses O. Freestanding Roofed Structure, Pergola, or Gazebo 2. on page 10-9.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Finbarr Saunders

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Add new subsection 3 to Section 10.3 O.

Article 10. Site Development Standards. Inserting a new number 3 to Section 10.3 Accessory Structures and Uses O. Freestanding Roofed Structure, Pergola, or Gazebo 2. on page 10-10.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Gwen McKenzie

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Amend Section 10.3 R. Home Occupation part 1

Article 10. Site Development Standards. Motion to amend ordinance by striking 1. from Section 10.3 Accessory Structures and Uses R. Home Occupation on page 10-10, as a substitute motion.

Split Adopted 7-2-0-0

Motion to amend ordinance by substitution

Moved by Andrew Roberto · seconded by Stephanie Welch

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Insert column into Section 10.3 A.6 regarding accessory building size

Article 10. Site Development Standards. Inserting the fourth column from the chart in Article V Supplementary Regulations Applying to a Specific, to Several, or to all Districts Section 4. - Accessory uses, buildings and structures C. Maximum size of accessory buildings and structures in the R-1, R-1A, R-1E, R-1EN, R-2, R-4, RP-1, RP-2, RP-3, and TND-1 zone districts.

Adopted no recorded vote

Motion to amend ordinance by inserting the fourth column from cited chart

Moved by Lauren Rider · seconded by Stephanie Welch

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Add new subsection 7 to Section 10.3 A.

Article 10. Site Development Standards. Inserting a new subsection 7 to Section 10.3 Accessory Structures and Uses A. General Regulations for Accessory Structures on page 10.4.

Split Adopted 8-1-0-0

Motion to amend ordinance by inserting new subsection 7

Moved by Andrew Roberto · seconded by George C. Wallace

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ADU: amending Section 10.3 B.2

Article 10. Site Development Standards. Motion to amend ordinance to insert language into Section 10.3 Accessory Structures and Uses B. Accessory Dwelling Unit (ADU) 2.

Split Failed Failed 3-6-0-0

Motion to amend ordinance to make ADU a special use

Moved by Andrew Roberto · seconded by Lauren Rider

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Insert 3. into Section 10.3 P. Garage, Detached

Article 10. Site Development Standards. Inserting 3. to Section 10.3 Accessory Structures and Uses P. Garage, Detached on page 10-10.

Adopted no recorded vote

Motion to amend ordinance by accepting suggested revision

Moved by Lauren Rider · seconded by Finbarr Saunders

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Amend Section 12.2 C. Minor Changes to Landscape Plans

Article 12. Landscape. Striking and inserting of language in Section 12.2 Landscape Plan C. Minor Changes to Approved Landscape Plans on page 12-2.

Adopted no recorded vote

Motion to amend ordinance by approving suggestion

Moved by Stephanie Welch · seconded by Finbarr Saunders

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Amend Section 12.6 B. Interior Parking Lot Landscape

Article 12. Landscape. Striking and inserting of language in Section 12.6 Interior Parking Lot Landscape B. on page 12-5.

Split Adopted 8-1-0-0

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Stephanie Welch

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Strike "or more" in Section 12.5 A. regarding perimeter landscape

Article 12. Landscape. Striking “or more” in the final sentence in Section 12.5 Parking Lot Perimeter Landscape Yard A. on page 12-4.

Adopted no recorded vote

Motion to amend ordinance by striking "or more"

Moved by Lauren Rider · seconded by Finbarr Saunders

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Insert "RN-6 and RN-7" into Section 13.9 D. header

Article 13. Signs. Inserting “RN-6 and RN-7” into the header of Section 13.9 Signs Permitted in Specific Districts D. Residential Districts: EN, RN-1, RN-2, RN-3, RN-4, RN-5 on page 13-5.

Adopted no recorded vote

Motion to amend ordinance by inserting "RN-6 and RN-7"

Moved by Lauren Rider · seconded by Mark Campen

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Reinstate current code language for HZC & IHRC terms

Article 14. Code Administrators. Putting language relative to the terms of members back in from the current code for the Historic Zoning Commission and Infill Housing Review Committee, if it applies.

Adopted no recorded vote

Motion to amend ordinance by putting language relative to terms back in

Moved by Lauren Rider · seconded by Marshall Stair

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Insert variance requirements into Section 16.3 F.

Article 16. Zoning Applications. Inserting requirements for the granting of a variance from Article VII Administration and Enforcement Section 2. Variances D. of the current zoning ordinance into Section 16.3 Variance as a new subsection.

Adopted no recorded vote

Motion to amend ordinance by inserting requirements as new subsection

Moved by Lauren Rider · seconded by Mark Campen

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Insert language into Section 16.2 A. Purpose

Article 16. Zoning Applications. Inserting language from the current zoning ordinance from Article V. - Supplementary Regulations Applying to a Specific, to Several, or to All Districts Section 3. Development Standards for Uses Permitted on Review into Section 16.2 Special Use Review A. Purpose on page 16-4.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Gwen McKenzie · seconded by Lauren Rider

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Strike "Downtown" from Section 16.5 Design Review title

Article 16. Zoning Applications. Striking the word “Downtown” from the title of Section 16.5 Downtown Design Review on page 16-12.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Gwen McKenzie

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Change "Downtown Design Review Board" to "Design Review Board"

Article 16. Zoning Applications. Revising all instances of Downtown Design Review Board and changing them to Design Review Board, in Section 16.5 Design Review on pages 16-12 and 16-13.

Adopted no recorded vote

Motion to amend ordinance by revising instances of Downtown Design Review Board

Moved by Lauren Rider · seconded by Mark Campen

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Correct subsection number in Section 16.6 E. Appeals

Article 16. Zoning Applications. Correction of a subsection number in Section 16.6 Infill Housing Overlay District Review E. Appeals on page 16-16.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Gwen McKenzie

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Strike subsection f. Expiration from Section 16.7 E.3

Article 16. Zoning Applications. Striking a subsection f. Expiration from Section 16-7 Planned Development E. Procedure 3. Preliminary Plan on page 16-20.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Stephanie Welch · seconded by Gwen McKenzie

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Insert language into Section 16.8 E.1 Appeal

Article 16. Zoning Applications. Insertion of language in Section 16.8 Overlay District Certificates of Appropriateness E. Appeal 1. on page 16-27.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Finbarr Saunders

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Strike language from Section 16.12 A.3b

Article 16. Zoning Applications. Striking language from Section 16-12 Zoning Appeals A. Preliminary Appeals of Administrative Decisions 3. Authorization b. on page 16-34.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Lauren Rider · seconded by Gwen McKenzie

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Revise Section 16.12 A.5 Limitations on Zoning Appeals

Article 16. Zoning Applications. Moving to strike language and revise the language in subsection 5. Limitations on Zoning Appeals on page 16-34.

Adopted no recorded vote

Motion to have staff review this subsection, remove 30-day limit, modify title, clarify reviewing body

Moved by Lauren Rider · seconded by George C. Wallace

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Strike Section 16.12 B. Intermediate Appeals

Article 16. Zoning Applications. Striking Section 16.12 Zoning Appeals B. Intermediate Appeals Regarding Certificates of Appropriateness on page 16.35.

Adopted no recorded vote

Motion to amend ordinance by approving revision

Moved by Stephanie Welch · seconded by Mark Campen

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Amend Article 17.2 D. regarding discontinuation or abandonment

Article 17. Nonconformities. Striking Section 17.1 Nonconforming Buildings, Structures and Uses of Land C. Building vacancy, nonconforming and D. Change in use on page 17-2 and substituting for Section 17.2 Nonconforming Use D. Discontinuation or Abandonment on page 17-5.

Adopted no recorded vote

Motion to amend ordinance by striking sections and substituting language, changing time period to 24 months

Moved by Stephanie Welch · seconded by George C. Wallace

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Recommend clarity for Section 17.2 A.1 and A.2

Article 17. Nonconformities. Motion for recommendations on appropriate language for clarity in regards to subsections 1 and 2 in Section 17.2 Nonconforming Buildings, Structures and Uses of Land A. Alteration or enlargement of buildings and structures on page 17-1.

Adopted no recorded vote

Motion for recommendations on appropriate language for clarity

Moved by Marshall Stair · seconded by Gwen McKenzie

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