Ordinance Amendment

2-A-05-OA

Recommended for approval
by the Planning Commission

APPROVE amendment


See case notes below

Purpose

Case Notes

What's next?

Purpose

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Amendment to the City of Knoxville Zoning Ordinance, Article IV, Sections 14, to prohibit application for and issuance of a demolition permit for structures and buildings located within a proposed H-1 Historic Overlay District for a period not to exceed 180 days after the rezoning and designation application process has been initiated, excluding appeals.

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Case Notes

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Staff Recommendation
APPROVE amendment to the City of Knoxville Zoning Ordinance, Article IV, Sections 14
On November 22, 2004, the Tennessee Supreme Court ruled in the case of Cherokee Country Club, Inc. vs. City of Knoxville that the city ordinance establishing a demolition moratorium for properties under consideration for H-1 Historic Overlay or NC-1 Neighborhood Conservation Overlay was improperly enacted, because it should have been incorporated as part of the City of Knoxville's Zoning Ordinance, and that, MPC should also have approved it as part of the City's Building Code. The proposed amendments to the Knoxville Zoning Ordinance will answer the recent Tennessee Supreme Court decision regarding Cherokee Country Club, and will allow a demolition moratorium to prevent the demolition of a property being considered for designation; MPC is also asked to review and recommend approval of the demolition moratorium modifications to the Knoxville City Code.
Disposition Summary
APPROVE amendment

What's next?

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After the Planning Commission
This Ordinance Amendment case in the was recommended for approval. The appeal deadline - February 25, 2005 has passed.
Applicant

City of Knoxville Law Department


Case History