Use On Review
In addition to uses permitted as a right by the zoning ordinance, special uses may be established and maintained only with the approval of the Planning Commission.
The Metropolitan Planning Commission also reviews and makes recommendations regarding planned commercial, planned residential, and shopping center district development plans through the Use on Review procedure.
When an application for Use on Review approval is submitted to the Planning Commission, the public is notified and a public hearing is held. The Planning Commission may impose conditions regarding the location, character or features of the proposed use or buildings consistent with the intent of the zoning ordinance. Proposals may be denied. When proposals are granted, the building permit is subject to the conditions and requirements stipulated by the Planning Commission. Decisions of the Planning Commission may be appealed to the local legislative body, either the City Council, or Knox County Board of Zoning Appeals.
The Use on Review procedure provides a method to consider uses that benefit the community, but may involve a potential development hazard unless appropriate provisions are made for their impact. The Use on Review procedure is also intended to integrate the proposed use with other uses in the district.
Use On Review allows applicants to request specific uses of property as outlined within each zoning district. A use can only be established and maintained with the approval of the Metropolitan Planning Commission.
Use On Review requests should:
- Be compatible with the character of the neighborhood including the size and location of buildings in the vicinity
- Be consistent with the General Plan, the One Year Plan, Sector Plans, and other adopted plans
- Not significantly injure the value of adjacent properties
- Not substantially increase the level of traffic into the neighborhood when the project is complete
Use On Review requests may be:
- Approved—Planning Commission approval becomes effective after the appropriate appeal period has expired. (After the appeal period, the applicant may apply for a building permit.)
- Approved with Conditions—The Planning Commission may impose any conditions regarding the location, character, or other features of the proposed use as it deems appropriate. (After the appeal period, the applicant may apply for a building permit, subject to any conditions approved by MPC.)
Use On Review approval is intended to:
- Provide for uses which are beneficial to the community
- Properly integrate the uses permitted on review with other uses in the zoning district
- Provide appropriate provisions for the impact of such permitted uses
Appeal of MPC Decisions
- City items are heard by City Council. The appeal must be filed with MPC within 15 days from the date of the MPC public hearing.
- County items are heard by the Knox County Board of Zoning Appeals. The appeal must be filed with the Knox County Codes Administration office within 30 days from the date of the MPC public hearing.
Materials that must be submitted by the standard deadline:
- A completed application form
- A review fee
- Ten (10) copies of the development plan. Each copy must contain:
- Proposed use
- Topographic information
- Off-street parking and loading plan (include total area)
- Circulation diagram to indicate ingress/egress and the movement of vehicles, goods, and people
- Species specific landscape plan
- Building footprint (include floor plan)
- Architectural elevations
- Proposed signage
- Conformance to required building setbacks
- Preliminary drainage plan as required by City and/or County Engineering Departments
- Mail facility plan (if residential development)
- Amenities plan (if residential development)
- Garbage dumpster location(s)
- Traffic Impact Study (if project will generate more than 750 Average Daily Trips)